Standard Of Proof Of Criminal Judgment

Prove standards have been the highlights and difficulties in criminal procedure theories. Academic circles have been discussing them for a long time, but no agreements have been made any more.Both objective facts and legal factuality are the theories about prove standards in the academic circles, but evidence facts are the points of view mentioned by legal positivists. The dispute between objective factuality and legal factuality has been leading from the science of law into philosophic field, and the dispute about prove standarts is still continuous.In the writer's opinion, prove standards in criminal jurisdiction are the standards which judges apply in trial stages and are not the problems about cognition factuality which academic circles are discussing. Prove standards direct criminal jurisdiction and provide measures for judges. The specific characteristics of criminal jurisdiction need strict prove standards.Prove standards should be legislative standards, and prove standards in criminal jurisdiction should be set up according to facts, law, and evidences.Prove standards should be the combination of subjective and objective structures among facts, evidences and incontestability in judges'mind. Prove standards should be set up according to theorical and practical reasons and should follow the objective law.Prove standards in criminal jurisdiction provide subjective and objective measures in specific cases for judges. Prove standards should take the evidence property as their basis and clear case facts as their objective foundation. Through analysing the provisions about prove standards between civil law system and common law system, the writer thinks that the existing prove standards in China's Criminal Procedure Law are somewhat scientific and have some similarities with the prove standard "incontestability in judges'mind in civil law system, but there are still certain shortages.We should use"incontestability in mind" and "exclusion of acceptable doubts"for reference in China's prove standards of criminal jurisdiction. We should base on the existing prove standards, take the relevant provisions in civil law system as original version, absorb the prove standards in common law system and build up China's system of prove standards.