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Standard Of Proof In Criminal Procedure

Posted on:2007-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:J D YuanFull Text:PDF
Abstract/Summary:PDF Full Text Request
The standard of proof is a great difficult problem to settle for the fact of criminal case. It has become a heated debate in studying on proof theories in our country in recent years. Now, the jurisprudential circle in researching on criminal procedure keeps different views on the standard of proof, and it can be classified into three parts: "the theory of objective truth", "the theory of legal truth" and "the theory of subjective". How to establish a reasonable standard of criminal proof? With these problems, the author starts from inquiring into the definition and characteristics of the standard of criminal proof, then compares it in Anglo-Saxon Law System with that in Continental Law System ,and also analyzes them objectively .Based on the analysis to the theoretical grounds, the advantages and disadvantages of "the theory of objective truth " , "the theory of legal truth" and "the theory of subjective truth ",the author argues that "the theory of legal truth" should direct how to establish the standard of proof of our country . At the end of the paper, the author points out that we should establish a systematic standard of criminal proof and that the standard of guilty verdict is on the top of that system. The standard of "accurate and sufficient evidence, beyond reasonable doubt" is the reflection of the inherent law of criminal proceedings, so it is the highest standard which can be realized in judicial proof.Besides the introduction, the present paper consists of four chapters, and it contains about 30,000words. Chapter 1 firstly studies the concept of standard of proof. In other words, this part analyzes the difference on the description and understanding to the standard of proof; Secondly, this part establishes the concept of the standard of the standard criminal proof, i.e. a measure of cogency required to prove crime facts committed by a defendant or a suspect through collecting, providing checking and determining relevant evidences by the subject of criminal procedure. After arguing the standard system of crimi9nal proof the author hold on an idea that different standards of proof require different degrees of proof to correspondence. Therefore, the standard of proof presents plurality and gradations.Chapter 2 introduces the theory and practice of the standard of proof in Anglo-Saxon Law System and Continental Law System, giving detailed explanations to the term of...
Keywords/Search Tags:criminal procedure, the standard of proof, the legal truth, accurate and sufficient evidence, beyond reasonable doubt
PDF Full Text Request
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