Proof In Criminal Procedure Standards

From ancient times up to now, China has always been attached importance to substantive justice, procedural justice ignored. The consequence of this is contempt the protection of individual rights and attractive to social order security. However, with the development of the society, the government is not only in pursuit of substantive justice, but also more and more emphasis on the protection of procedural justice and respective for individual rights."Criminal Procedure Law" is a procedural law. Its purpose is to smooth the conduct of criminal activity, but there is also an important function is to allow the individuals against the governmental power. The criminal penalty is the most severe punishment to individuals, so must be cautious. Only in the "facts of case clearly, there is ample evidence" can be found guilty under the circumstances. But what "faces of case clearly, there is ample evidence?" This will be the scope of a criminal standard of proof.The first chapter describes some basic elements of criminal standard of proof, including the meaning of the criminal standard of proof, the purpose of criminal proceedings and the relationship of the theory of the responsibility to criminal proceedings and criminal standard of proof.The second chapter examines the different requirements to the criminal standard of proof of two legal systems of contemporary Western countries.The third chapter discusses the different aspects of debate about the criminal standard of proof in the fields of law in China.The forth chapter makes some comments on the legislation and practice of the current standard of proof in criminal proceedings.The fifth chapter is some author's thoughts of improving the standard of proof in criminal proceedings.