Study Of The Prosecution Evidence Standard

The evidence standard of prosecution is not only a theory question, but also a practice question. It has great significance in realizing the prosecution goal, fulfilling the function of prosecution correctly, safeguarding the human rights effectively to establish and assure this standard. It' s more imperative to study this question when facing the amendment of The Criminal Procedure Code. First, this article limit the connotation of the evidence standard of prosecution, analyze it' s function and value and explore the due base; then study the relation and difference between the evidence standard of prosecution and the standard of proof; following compare that in England, America, Germany, France and Japan. At last , the author study the working conditions of the evidence standard of prosecution, tease the dissensions of academic field, and confute the opinion of decreasing the evidence standard of prosecution.The name of this standard is confused, which should be named as 'the evidence standard of prosecution' . The evidence standard of prosecution is the degree of when prosecutor decide to appeal. It' s connotation includes following aspects: 1, the evidence standard of prosecution is the degree to recognize fact according to complaint evidence; 2, it is subjuctive; 3, it is relative; 4, it is professional; 5, it is suitable in prosecuting criminal constitutions and the guilty of defendant, which refer to the criminal procedure cases and their affirmative conclusion; 6, it is essential , not sufficiency to appealing.There are relation and difference between the evidence standard of prosecution and the prosecution condition. The prosecution condition is the request of which case should be sure. It includes entity parts and procedure parts and is sufficiency to prosecute. The evidence standard of prosecution is the degree request whether...