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Research On China's Criminal Standard

Posted on:2009-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:B GaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Criminal verification criterion is a basic issue in the law of evidence;it involves not only related litigation theories and principles but also thepractice of litigation. It has great importance in criminal procedure.Common law countries in criminal proceedings will "eliminate reasonable doubt" (beyond reasonable doubt) as a guilty verdict in the criminal standard of proof. The criminal proof standard in Continent legal system can be summarized as "besure in heart" Despite the Two Schools in the criminal standard of proof are different interpretations, However, each has obvious identity, the two are identical in essence. Two Schools of criminal standards as proof that the criminal activities of human experience summary, a reference to China.The "objective true" has been the dominant criminal proof standard since thefoundation of the PRC. It has occupy unanimously the position for a long time. Among traditional evidencelaw, the "Truth" theory is doubted。Some academics have proposed a standard of proof is different from the traditional "real legal concept," and has aroused heated debate。The full text is divided into sixe parts. The first chapter introduces the conception and connotation of criminal procedural testification standard, and compares it with similar categories. The second chapter analyzes a criminal standard of proof, including procedural justice, entities, justice, protection of human rights and efficiency of the proceedings, and several other protected areas. The third chapter compares the criminal procedural testification standards of common law system and continental law system, The fourth chapter introduces and analyzes two presentative doctrines about criminal testification standard, "objective true" and The "legal true".and analyzes the disputes between two different theories of the theoretical .The fifth chapter self-criticizes unreasonable factors of Chinese current criminal procedural testification standard. The last chapter draws on the experience of two law systems'acheivements, combines with the present situation of Chinese criminal procedural testificationstandard's practice and theory, brings up the elementary ideas to rebuild Chinese criminalprocedural testification standard.The only Mordernlization road of Chinese criminal litigation is to drawson the experience of two law systems' acheivements and to rebuild Chinese criminal proceduraltestification stand...
Keywords/Search Tags:Criminal standard, Eliminate reasonable doubt, Objective true
PDF Full Text Request
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