On The Our Country Criminal Prove Standard

This paper discuss the criminal prove tandard overall with criminal prove standar dapproximate, and research situation, exist defect, rationalless in "objectivetrue" and "lawtrue", model select in rebuild the criminal prove standard, etc.Inrecently, academic circles guery the"objectivetrue"inour country, and think the truth of case don't egual the teue colours of truth. And advocate that "law true" us criminal prove standard. The "law teue" advocate the truth of case us the truth of law rebuild. This is rational, and is substantive difference with"objective true", but isn't feasible that law truth is prove standard, and can't set up in legislation, and confuse the difforentiate of vordict basis and vordict standard, "lawteue" stress excessive the affect of law Mitigation, the subjective initiative of people is ignored, but "obective true" steess excessive the subjective initiative. Two standpoint go to two extreme. This is'nt rational of all.Author put forward the viewpoint after demonstrat the rationalless of "objective true" and "law true" in this paper. We should set the criminal prove standard with "remove rational doubt" in model select of criminal prove standard in our country, and frontal demonstrat in the point of view of recogniyetion, at the sametime, this papeer disproof the rational and feasible "remove rational doubt" from "objective true" in the practice of judicature. And put forward the design of order ensure regulation in "remov erational doubt", and discuss the problem of order ensure mainly in evidonce principle, defend regulation, judge guide, verdict power distribute rationally, etc. At last, this paper discuss the viewpoint of interrelated problem in judge independence judicial, compensate in misjudged case, whether or not admit freedom demonstrate, etc.