The Standard Of Proof In Criminal Proceedings

The criminal testification is the core of criminal procedural evidence theory system, still a question that should be thought carefully by every criminal judiciary. For a long time, we have drawn knowability theory of materialism epistemology to demonstrate unilaterally and rigidly that criminal testification is absolute and carried out "standard based on objective truth "doctrine. Under this theory ,the judiciary has made much positive contribution in striking at crime and preserving social order ,but with the development of social politics, economy and culture ,the voice to persue efficience and fair procedure in judiciary domain rising day by day ,the defect and failure of this theory have embodied gradually.With the comprehension of west developed countries' procedural theory, litigation theories of different legislation systems blend mutually to result conflict and collision.The composion of criminal procedural testification standard faces great regulation and holds in a revolution. This text wants to make a comparatively systematic and thorough research on criminal procedural testification standard basing on Chinese present legal system and conbining the essence of other law systems. The full text is divided into five parts. The first chapter introduces the conception and connotation of criminal procedural testification standard, and compares it with similar categories. The second chapter makes an introduction on Chinese current criminal procedural testification standard and its theory foundation at first ,then analyzes some presentative doctrines about criminal testification standard.The third chapter compares the criminal procedural testification standards of common law system and continental law system and self-criticizes unreasonable factors of Chinese current criminal procedural testification standard. The fourth chapter brings up the theory foundation and practice basis that Chinese criminal procedural testification standard should pay attention to. The last chapter draws on the experience of two law systems' acheivements, combines with the present situation of Chinese criminal procedural testification standard 's practice and theory, brings up the elementary ideas to rebuild Chinese criminal procedural testification standard.Furthermore cognition of criminal procedural testification standard is not only the inevitable demand of litigation civilization and progress ,but also the inevitable outcome of Chinese traditional proof theory blending and conflicting with west countries' litigation theory and culture conventions .The only Mordernlization road of Chinese criminal litigation is to draws on the experience of two law systems' acheivements and to rebuild Chinese criminal procedural testification standard.