On The Evidence Standard Of Prosecution

The public prosecution now is the main way to charge crimes in modern countries. As a way to regulate the use of public prosecution power legal and appropriate, the evidence standard of prosecution is the minimum requirement of appealing. The standard is "the fact in law" that a prosecutor must reach while combining the analysis of all the evidence and his subjective judgments in the stage of review and prosecution. In judicial practice, the function of the evidence standard of prosecution as followed: to guide the evidence collection, to unify the prosecution, to suppress the prosecution power, to safeguard the human rights of suspects and so on. A country's evidence standard of prosecution is restricted by its prosecution policy, procedural model and procedural culture. Western nations put the evidence standard of prosecution into the legal adjusting range to ensure the prosecution is legal and appropriate. At the background of the adversary system, common law countries usually take "a realistic prospect of conviction" as the evidence standard of prosecution, while the countries of Continent Legal System at the background of inquisitorial system take "sufficient evidence to prove allegations" instead. Although slightly different in the textual representation, the two standards are both lower than the evidence standard of conviction. In addition, foreign countries set some review procedures to prosecution. Our country's current evidence standard of prosecution is the same as the evidence standard of conviction, they are both "clear to guilty fact, evidence really and sufficient", and the court only review the prosecution on form. "Blanket" evidence standard is too abstract in the legislation and difficult to grasp in the practice, so it is necessary to construct our evidence standard of prosecution. Take our procuratorial organs'special legal status, inquisitorial system and the adversary ways of court trials into account, we should take "procuratorial organs think that there is sufficient evidence to bear out charges and it is likely to get convictions" as our evidence standard of prosecution. The procuratorial organs can use different treatments to different cases and facts while grasping the standard. Meanwhile, take some criminal system reform, such as setting a review procedure to prosecution, ask the procuratorial organs give reasons in the indictment, and enhance the defense's litigious rights.