Study Of Proof Standard Of Simple Criminal Proceedings

The proof standard of simple criminal proceedings is an important theoretical and practical problem in Criminal Cases of a country ruled by law.There are different characteristics between countries of Civil Law and those of Common Law.And,as inheriting more of the legal traditions of civil law countries,China has also its own Characteristics.To choose this relatively neglected subject,the author aimed at doing a comparison study of the proof standards of simple criminal proceedings between the two main law schools as well as our country from both theoretical and practical level,and putting forward ideas and proposals to reform and improve the proof standards of simple criminal proceedings in China by drawing on foreign experiences and directing toward the existing problems.In addition to the introduction,conclusion,this article is mainly divided into five chapters,the general ideas are as following:Chapter 1:To definite the proof standard of simple criminal proceedings.Firstly this chapter studies the practical foundation,justification and development of the proof standard of simple criminal proceedings;Secondly definite the proof standard of simple criminal proceedings.Chapter 2:The proof standards of simple criminal proceedings in countries of Common Law.This chapter introduces carefully the proof standard of excluding reasonable suspicion in countries of Common Law,and its applications in plea bargaining proceeding and other simple criminal proceedings in the United States and the United Kingdom.Chapter 3:The proof standard of simple criminal proceedings in countries of Civil Law.This chapter interprets mainly the proof standards of innermost definition in civil law countries,and its applications in simple criminal proceedings in Germany and Italy.Chapter 4:The present situations and existing problems of the proof standard of simple criminal proceedings in China.This chapter indicates the proof standards and its applications in simple criminal proceedings with clear facts,sufficient evidences,and its challenges from new theories such as legal reality.It also analyses and demonstrates the existing three problems of the proof standards in our country.Chapter 5:The improvement of the proof standard of simple criminal proceedings in our country.This chapter references the useful points of proof standards of simple criminal proceedings in countries of Civil Law and Common Law,proposes that the basic theory of improving the standard of simple criminal proof proceedings in our country is legal reality,the formatting method of is free evaluation of the evidence.And then sets up the multi-level proof standards of the charges,the most possibility proof standards of the defenses and the proof standards in self-pleaded cases;At the same time,in order to ensure the effective formation of the proof standards,the author proposes to establish a series of protections and restraining mechanism of free evaluation of the evidences.