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Criminal Evidence Standard Of Proof Study

Posted on:2010-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:H H HuangFull Text:PDF
GTID:2166360275960725Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal Evidence standard of proof system is a fundamental theoretical issue, it is closely related with other evidence of the system, aimed to the judge who questioned the case. Judge finds that the facts of the case is directly related to the right or ability to achieve justice entities. Justice entities are the fundamental pursuit of litigation. This shows that the criminal evidence standard of proof has an important position in the system and is necessary for us to study.The author recalled the criminal standard of proof in the history ,summarized the reflection of academic standards of criminal proof, referenced foreign criminal standards of proof on the basis of the system, then considered a number of questions, hoping to give some useful reform of our criminal system.In this paper, first of all, the author used criminal proceedings as clues to the evolution of the system, to display the proof standard in criminal history; then introduced the criminal proof standard in our history, the current criminal proof standard and the definition of their academic, as well as the academic arguments on the reform; then the author give some individual advice to reform the criminal proof standard.Criminal proof standard Experienced the system of God, under the system of legal evidence to satisfy the statutory conditions and freedoms under the system of the heart of the forensic evidence "convinced that the heart" or "beyond reasonable doubt." Criminal history of our country has its own characteristics: the system of God evidence didn't develop, the legal system was not obvious, freedom of heart didn't establish. The criminal standard of proof has no specific requirements, but emphasize the objectivity on the whole. At present, the criminal proof standard is under the system to "facts of the case are clear, the evidence is indeed full." This standard is defined as the standard for objective truth by our jurisprudence. Criminal proceedings and the development of defects in the system itself led to necessary changes in the system. Sectors of China's criminal law theory focus on the debate of "legal reality" and the amended "objective reality". Debate of the two communities have their own point of view on the criminal proof standard.The author argue that to think the criminal proof standard, we should consider the following four aspects: the meaning of the criminal proof standard, the theoretical basis for the criminal proof standard and the real view of the expression. Criminal standard of proof is proof of the law to bear the main responsibility for the proceedings to prove the truth of the case to be achieved or requirements; the nature of the operation of the judicial practice standards are for the purposes of the trial burden of proof applicable to the holders of the conviction for The proof of the fact that the substantive law is also a judge finds the defendant guilty of the standards. At the same time, its epistemological foundation for the theory to the real essence of the pursuit of objectives to the legal placement of the true reality. In general, the criminal standard of proof is to appear in the objective on the basis of subjective criteria, highlighted in the cases that appear on the initiative, but also emphasize the basis of objective evidence and logic, as well as rule of thumb that the methods of law. "Beyond reasonable doubt" in line with the judge about the facts of the case that the ideas and experiences on the Western countries a century of judicial practice, is the best expression of the criminal standard of proof. Criminal standard of proof of the subjective characteristics, decide on the only objective guarantee their operability. Therefore, to ensure that the right judge permits the formation of the heart as the breakthrough point for the design of related systems, the criminal standard of proof for our country to reform the system. That is, a free evaluation of evidence-based system to permit an open mind and judge for the protection of an independent, objective real true to the real law for the final goal of the criminal standard of proof to establish the "beyond reasonable doubt."...
Keywords/Search Tags:criminal Evidence standard of proof, legal reality, objective reality, convinced that the heart, beyond reasonable doubt
PDF Full Text Request
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