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An Analysis On The Standard Of Criminal Evidence Of China

Posted on:2007-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:T XuFull Text:PDF
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Standard of criminal proof is one of the key issues in criminal-proof theory. It is of great significance to decide a scientific&reasonable standard ofcriminal proof. From the view of substantive law, the processing result of acase depends on the proof standard and the fact that it is rigorous or loose in practice, though the quantum and degree of the proof remain unchanged. From the view of procedure law, proof standard is the mark that whether the onus probandi (burden of proof) on the subject is ended. The system of proofstandard is generated based on the rule of strict burden of proof. People putforward the new cognition on the judicial fact. In recent years, the standard of criminal proof has been widely discussed.In common law system the criminal proof should be beyond reasonable doubt. In civil law system, the criminal proof is evaluated through inner conviction. Though different in description, actually they are the same. Grounded on the theory of reasonable lawsuit, both of them deny absolute determinateness. They set up the proof standard grounded on the subjective thinking as well as the proofs. However, the criminal-proof standard of China puts emphasis on objective facts while not on the subjectivity, unilateral emphasize the fact of affirm reality, hard confidenece, inconvenience operation. About the facts that meet the standard of criminal proof, currently there are three viewpoints popular in the theory field:Theory of objective reality, Theory of subjective reality and Theory of legal reality. These viewpoints tend to introject into each other.The result of criminal proof has objectivity, subjectivity and legal attributes.As the measurement of the proofing result, the standard of criminal proof should define and describe the standard from all the three aspects. Any of them can not be specially focused on and any of them can not be discarded. Otherwise, the standard of criminal proof is not all complete, and also escapes from actual. No matter it is "standard of objective reality" in China or" beyond reasonable doubt" or "inner...
Keywords/Search Tags:standard of criminal proof, object attribute, subject attribute, legal attribute
PDF Full Text Request
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