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On The Criteria Of Reasonable Suspicion Of Criminal Exclusion And Its Practical Practice In China

Posted on:2015-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z C JiFull Text:PDF
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Beyond reasonable doubt is shown as a common law standard of classic overview, in its position on the legal system is self-evident, criticism of beyond reasonable doubt from the original in our country, and then to the district court rules apply, finally officially into the law, become a part of the criminal proof standard in our country. Therefore, it is a difficult problem for judges who don’t know how to apply from this country.This article from the following aspects this paper introduces the contents of beyond reasonable doubt, hope to oneself, even others can produce beneficial help.This article is divided into four chapters, the first chapter mainly introduces the overview of beyond reasonable doubt, mainly introduced the criminal proof standard evolution-the system of gods, and the meaning of beyond reasonable doubt, and their understanding and applicable in western countries. In this paper, the second chapter mainly introduces the reasons that beyond reasonable doubt, introduced of religious factors, beyond reasonable doubt as to the jury from soul curse, the comfort is shipwrecked in today’s China is very helpful.In this paper, the third chapter is the basic feature of beyond a reasonable doubt, allows us to grasp the spiritual essence of beyond a reasonable doubt.In this paper, the fourth part introduces beyond reasonable doubt standard of practice in our country, the transplantation of a legal system, may be some initial implementation that cannot achieve the original purpose, even counterproductive, the author thinks that beyond reasonable doubt which applies in our country should be necessary auxiliary and it helps to produce effect, for example, the supreme people’s court for judicial interpretation to define beyond reasonable doubt, in addition, the supreme people’s court must announce instructional cases to beyond reasonable doubt in China that can have a positive impact.
Keywords/Search Tags:Beyond reasonable doubt, The criminal standard of proof, Practical adopt
PDF Full Text Request
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