On The Criminal Proceedings To Prove The Standard Reconstruction

The standard of proof of Criminal proceedings remains to be the basic theoretical issue of proof laws, not only involved with the relevant theories and principles of criminal proceedings, but closely related to the prosecution practices, occupying vitally significant position in building criminal procedure and evidence system. Due to the fact that the theories of law on criminal proceedings in China has been long controlled by Authenticity Theory in which objectivity and authenticity are deemed as the standard of proof of criminal proceedings and the particularity of the standard of proof of criminal proceedings is overlooked, the justice and efficiency of criminal proceedings cannot be realized effectively. Additionally, the technical nature of this system is far away from adequacy besides lacking operational applicability. Therefore, the standard of proof of criminal proceedings in China shall be rebuilt.This thesis is divided into five parts. Starting with explaining the comparative authenticity and particularity of the criminal proceedings proof, the first part elaborates the connotation, the characteristics, the implication as well as the stage and hierarchical nature of the standard of proof of criminal proceedings. The second part conducts explanation and analysis respectively on the current theories related to the standard of proof of criminal proceedings in China, i.e. Theory of Objective Authenticity and Theory of Law Authenticity, pointing out the demerits of the Theory of Objective Authenticity and demonstrating the inevitability of choosing the Theory of Law Authenticity as the basis of rebuilding China's standard of proof of criminal proceedings. The third part introduces the detailed regulations concerning the standard of proof of criminal proceedings respectively from the Common Law countries and the Continent Law countries and performs contrastive analysis on the standard of proof of the two law systems: "eliminating reasonable suspicion" and "Internal Assurance". It is believed that the standard of proof of the two law systems is the typical reflection of "Theory of Law Authenticity". The fourth part elaborates the standard of proof listed in the Law of Criminal Proceedings of China and the standard of proof applied in the judicial practices, and points out the main problems existed in the standard of proof of China's criminal proceedings and the resulting reasons, further conducts evaluation and rethinking. In the fifth part, the thesis points out that China should rebuild its standard of proof of criminal proceedings within the framework of Theory of Law Authenticity, clarifies the principles that shall be maintained during the process of rebuilding the standard of proof of criminal proceedings, proposes the specific conception of rebuilding China's standard of proof of criminal proceedings, that is: standard of proof of criminal proceedings should reflect its stage and hierarchical nature; different verification duty subjects should apply for different standard of proof with verification objects. The current situation of homogenous verification applied in the review and prosecution, the public prosecution and the guilty sentence should be changed. The standard of proof of review and prosecution shall be "possible to sentence guilty"; the standard of proof of public prosecution shall be "probable to sentence guilty"; the standard of proof of sentencing guilty shall be "eliminating reasonable suspicion".