A Research On The Standards For Proof Under Initial Investigation

The law has endowed the censorate duty crime reconnaissance power. Initial investigation, as a kind of clue examination and necessary investigation activity unique for the censorate before putting on record, will have functions in increasing reconnaissance level, giving prominence to the punishment and prevention of crimes utilizing the duty and important meanings on reinforcing legal supervision function. In the procuratorial work, better attention will be given to register proof standard, arrestment proof standard and litigation proof standard. Few research and application will be given to the initial investigation proof standard. Based on duty misusing guilt point of view, this thesis will try to establish initial investigation proof standard. The whole thesis will be divided into three chapters.The first chapter: law theoretical analysis on initial investigation proof standard. It has made an analysis on initial investigation proof standard from theory of law viewpoint. Based on legal base of initial investigation by the censorate, this thesis has proved the legality of initial investigation from the development of the content and concept of initial investigation, change and development on internal function division of the censorate and continuous regulations on initial investigation means and procedure. Initial investigation is the examination by the censorate before putting the record according to the law, including necessary survey, which is a necessary prerequisite and important supplement on duty guilty reconnaissance by the censorate. Compared with investigation activity, they are both a kind of investigation way with different investigation way and method. Reconnaissance work not only has a property to limit persons and properties, but also has the property of investigation. By comparing with reconnaissance procedure, in this thesis, it is considered that initial investigation is different from pure litigation procedure, and a kind of procedure of ready litigation, as a kind of complete and phasic activity, the life force of initial investigation could not be doubted. Initial investigation activity has a quite important value, which is an important measure to guarantee human rights. It is also a kind of effective way to increase law enforcing capacity by the censorate and concrete expression to carry out one is to be firm, the other is to be careful with accuracy. Establishing initial investigation proof standard is with feasibility. Theory and judicial practice has shown that evidence received from initial investigation stage has legal effect and justice of getting evidence in initial investigation stage could not be doubted. Initial investigation proof standard complies with requirements in proof standard stage. Proof standard has administrative levels and stages. Initial investigation, as a kind of ready litigation activity before putting the record, is a kind of proof activity plus standard problem.The second chapter: necessity of initial investigation proof standard. It has discussed that establishing initial investigation proof standard is necessary with guiding meaning on practice from proof standard viewpoint. There are lots of phenomena of initial investigation executed without putting the record, the reasons of which include that the suspect could not be identified, the harmful results could not be made definite and cause and effect relations between harmful results and duty action in the criminal law could not be made definite. Its deep reason is related to that initial investigation proof standard could not be effectively implemented and instruct practice. There are many reasons resulting in three kinds of cases as repealed case, case without litigation and case with sentence of not guilty. Make an analysis from the cause of repealed case and case with sentence of not guilty, which will focus on flaw of the evidence as deficient proof on the standing of the principle part, deficient proof of litigation time efficiency, deficient fact proof and criminal cause and effect relations. But its deep reason is still the application problem of proof standard, no standard limitation, increasing and reducing the standard will cause the phenomenon of standard confusion. From the demand for overcoming initial investigation blindness, respecting and guaranteeing human rights, improving initial investigation supervision system, instructing initial investigation proof receiving and connection of law and practice, establishing initial investigation proof standard is quite urgent and necessary.The third chapter: two-paragraph assumption of initial investigation proof standard. According to the principle requirements as not guilty calculation, connection of subjective and objective, supplement of going forward one by one and relativity and operation which should have, possibility and litigation value that should be complied with, this thesis has provided the assumption of taking objective truth as the legal fact of target pursued on the concept of proof standard. On the limitation of initial investigation proof standard, this thesis has provided the two assumptions of accepting and hearing initial investigation of the suspect might to be proof standard, of reasonable suspecting and reasonable person suspected proof standard. The reason to put initial investigation proof standard into two kinds of expressions as reasonable suspect and reasonable person suspected is to base on the two registering modes on two kinds of duty crimes in procuratorial practice. They are registering based on the matter of crime fact is thought to be existed according to the examination. Criminal liability should be found out but the suspect has not been identified and registering based on people which will have definite suspect. As the base to be registered, the thesis has made difference and correspondence between on initial investigation proof standard. Taking duty misusing as the viewpoint, accepting and hearing initial investigation proof standard should reach the degree of suspect might to be. That is possibility of clue domination, basic confirmation of seriously harming the society possibility of misusing the duty. Initial investigation proof standard to provide decision base for registering based on matter should reach the degree of reasonable suspecting. That is harmful results should reach standard reasonable proof, reasonable suspecting proof for misconduct and reasonable suspecting proof in cause and effect relation. Initial investigation proof standard to provide decision base for registering based on people should reach the degree of reasonable suspect. That is the principle part should reach reasonable suspect degree. In subjective aspect, there should reach proof degree of fully aware. In objective aspect, there should reach the degree of concrete actor being the reasonable suspect executing misconduct. How it could be possible should be proved by the suspect.