Standard Of Proof In Guilty Verdict

Standard of proof in guilty verdict is one of the key issues in criminal-proof theory .It is the essential point for criminal judicature to decide a scientific and reasonable standard of proof in guilty verdict and to grasp this criterion properly. The present criterion—"facts are clear and evidence is irrefutable and sufficient"—is guided by the traditional theory of objective reality and is getting into plight both in theory and in practice. Therefore, the article gives profound reflection to this phenomenon. By observing main theories, concrete legal systems in China and foreign countries as well as domestic practical condition of proof standard in guilty verdict, author put forward her opinions about the nature of the criterion, reestablishment and implementation of the criterion.The article is divided into five parts. The first part defines the basic concept and connotation of proof standard in guilty verdict. In the second part, based on review of the two main theories-Theory of objective reality and Theory of legal reality, author determines the nature of the criterion as "legal reality". Justness of "legal reality" comes from extremely great probability in accordance with "objective reality", due process and balance of conflicting legal values. The third part makes a comparative observation on the criteria of the common law system and the civil law system, and discusses their common ground as well as revelation to China. The fourth part observes the character, practical mode, defects and relevant reasons of our present "objective reality" standard. In the last part, based on absorbing the advantages of two big law systems and analyzing defects of our present standard, the author reestablish the new standard of proof in guilty verdict as "evidence is irrefutable and sufficient, beyond reasonable doubt". Furthermore, the article discusses that in allusion to different proving parts, different proving objects and cases of different nature and serious degree, the law should provide discriminating standards of proof in order to increase judicial efficiency. Besides, China should perfect matching systems to support execution of the new standard.