Research On The Criminal Degree Of Evidence Power

There are various forms of evidences, including seven legal classifications such as real evidence, documentary evidence, statement of criminal defendant, witness testimony, expert examination; including theoretical classifications such as original evidence, Authorized evidence, and so on. Amount of practical judicial experiences shows the fact that a certain classification of evidence is nearer to be genuine and more convincing than another, to prove the same item of fact in case. A case in point, to prove the fact whether or not the suspect A has been to the criminal scenes, A's footprints left on the criminal scenes as expert examination is obviously more convincing than A's mother' witness testimony that her son was with her while the case happened, and so the judge shall identify A has been to the criminal scenes. In a word, because expert examination's degree of evidence power is greater than witness testimony, thus the truth proved by expert examination shall be the truth of the case. Therefore, is it a method of identifying the truth of case to compare the evidence power degree of all evidences by their forms?The compared evidence power degree is" the degree of evidence power", and the method above is called in this context, "Beyond a reasonable doubt method by the degree of evidence power". The twins are respectively this text's subject and conclusion.This text firstly enlists our legal sources on the degree of evidence power: two judicial interpretations, points out the latter is legally efficient and better, and the legislator's resolution of building a rule system on the degree of evidence power. Secondly, the degree of evidence power as a definition and its five properties on parts of sue stage, sue essence, sue function, proving object, proving subject are demonstrated. Finally, beyond a reasonable doubt method by the degree of evidence power is given a definition, that is "a fact-identifying method used by the court trial judges to make a guilty or innocent sentence, which concerning the doubtable fact, go beyond or make sure 'the reasonable doubt' through comparing the degree of evidence power on the court trial." By the way, this text also refers to the differences between the degree of evidence power, evidence competency and evidence power.Part II is about the value of the degree of evidence power, mainly our research circumstances and shortcomings.The object of beyond a reasonable doubt method by the degree of evidence power is doubtable fact; its target is to "beyond a reasonable doubt", therefore, the demonstration about "beyond a reasonable doubt" as a standard of proof is necessary. This text firstly criticized our "reliable, sufficient" as the standard of proof, enumerating the main expressions on "reliable, sufficient" from scholars these fifteen years, points out that "reliable, sufficient" might be the intention of proof, the results of proof, only not the standard of proof; its theoretical basis "objective truth" is also questioned. Secondly, this text introduces Anglo-Saxon evidence law's "beyond a reasonable doubt" as a standard of proof and its "presumption of innocence" as theoretical basis. Finally, a hundred-mark system measurement table on standard of proof is given as a conclusion.Part IV. After one-by-one analysis on every items of the second judicial interpretation, this text finds a legislation mistake, identify again the concerning evidence's degree of power, and enlarge, compensate the original rules. As a result, come out a legislation advice on the new rules of criminal evidence power degree, these rules are measured as a score table.Based on the measured conclusions of part I and II, namely, a score table on the degree of evidence power and a hundred-mark system measurement table on standard of proof, part IV after a talk on its definition and properties, tries to make a measurement this text's terminal conclusion—"Beyond a reasonable doubt method by the degree of evidence power", to change it into mathematical steps and formulas, which are illustrated by two following cases.