The Study Of Phenomenon Of Verdicts Of Guilt With Reasonable Doubt

Under the 1996 amendment of the Criminal Procedure Act, principles of presumption of innocence and in dubio pro reo have been established. However, verdicts of guilt with reasonable doubt, which can not be satisfied by the standard of criminal proof, still exists in the process of judicial practice, which definitely brings about some negative impacts. Unfortunately, while scholars in the area mainly focus on problems including extorting a confession by torture, taking into custody beyond the time limit and many other criminal issues relating to these cases, little attention has been paid to the phenomenon of verdicts of guilt with reasonable doubt itself.This dissertation is devoted to a systematic study of the phenomenon of verdicts of guilt with reasonable doubts by a comprehensive methodology including case, historical research, statistical research and comparative research etc. The article explores the essential features of such verdicts from typical case. Next, point out that'Intermediary Verdict Theory'is the fundamental justifications for verdicts of guilt with reasonable doubts. Then, concludes that a verdict with reasonable doubts is due to the de facto low standard of criminal proof. Though detailed study of the standard of criminal proof helps to reduce the rate of these verdicts, it cannot resolve the problem in all because of the unavoidable shortcomings of the standard of proof. Finally, the author advocates that precedent system should be established to accumulate judicial experience on rules of discerning'doubts'. Meanwhile, the author strives to figure out primary rules of discerning'doubts'from the misjudged cases.