Using Falsification To Improve Proof Standard Of The Cases Transferred For Examination Before Prosecution

During exploring the process of growth of scientific knowledge, Karl ? Popper criticized the logical positivism of the verifiable principles and induction, and put forward a principle of falsification, trial and error method and dynamic model of scientific development as the main content of the falsified theory, with scientific and critical. scientific is rooted in its logical basis, and the hypothesis of the theory of constructive criticism as a knowledge-growth. The use of Falsificationism theoretical to improve "beyond reasonable doubt", that not only on the rich theoretical basis and development of Beyond reasonable doubt, also hope that it can better guide practice.The investigation stage which is very crucial to collect evidence, can exert an important influence to the entire criminal procedure,so the cases transferred for examination before prosecution should be proved a higher standard.From the falsification of thinking, review of proposed transfer prosecution to establish "beyond reasonable doubt" standard of proof will help to protect the practice of scientific investigation, legitimacy while increasing the efficiency of detection. Therefore, the falsification of thinking applied to "beyond reasonable doubt" to prove the standard definition of a better play to its advantages.Investigation of the use of falsification of thinking, investigators first became aware the suspects may not be criminals, So that it can seriously listen to his confession, and give an objective treatment, not only to collect evidence of guilt and sin heavy, but also attach importance to evidence of their innocence and Zuiqing. To ensure a comprehensive evidence in the premise, continued to find and remove doubts, and allow detection of the conclusions to strict verification, that only when the facts of the case there is no reasonable doubt in order to achieve the transfer of examination and prosecution standards. Transferred to a lawsuit in China to establish "beyond reasonable doubt" standard of proof, need a series of measures to protect it. Evidence is an important prerequisite to ensure a comprehensive, especially for negative evidence, questionable evidence to verify. To establish and improve relevant rules of evidence, such as the illegal evidence exclusion rule, reinforcing the rules of evidence and other evidence in order to ensure the legitimacy of authenticity. Explicitly exclude the responsibility of doubt, in the transfer review prosecution evidence has been found or there are still important in cases of doubt, it should be decided to re-investigate or revocation cases. Finally, and most importantly, Lawyers'legitimate rights in the investigation stage must be guaranteed. Not only helps to protect the rights of criminal suspects, In some cases, are also found in cases of doubt an important force.