A Study On The Related Problems Of Proof Standards In Criminal Proceedings In China

Criminal proof standard is not only in the field of criminal evidence in theory, but in practice also have unusually important position. Our country law of criminal proof standard footsteps never stop of the research, in analyzing the properties of the criminal proof standard, the study of American law system and continental law system related theory and system, and discussed on the basis of the representative theories in Chinese academic circle, this paper expounds the author’s unique insights for criminal proof standard. For a long time, our country’s criminal proof standard only provides for the certification of conviction, and no criterion for sentencing attach importance to it. This article was to explore the criminal proof standard, mainly from two aspects of conviction and sentencing to discusses the different applicable criminal proof standard, and the different applicable, specific to the actual operation, is reflected in the differences between the different program standards. We often say that the criminal proof is the "clear criminal facts, evidence really, fully, beyond a reasonable doubt", however, the standard is not enough to deal with all kinds of criminal cases. So, in summary procedure and program medium case simple case of private prosecution, the author believes that can apply to prove standard relatively low standard of evidence "advantage". As the research progressed, it is not difficult to find that there exist certain disadvantages to the criminal proof standard of our country. Objectively prove standard lack of interoperability, but also difficult to achieve, and insist on heart sure that only the subjective proof standards, and to lose the right guidance, extremely easy to do their good off the road. Therefore, only combine subjective and objective standard, make the mutual confluence, to fully embody the harmonious coexistence of entity justice and procedure justice value. Aiming at the flaws of the criminal proof standard, the author puts forward some improvement Suggestions, aims to provide a help for judicial theory research, to establish the precise operational standard of criminal litigation proof, and then build accords with modern rule of law, scientific proof system.