Reflection And Reconstruction. Proof In Criminal Procedure Standard

The testifying of criminal processing procedure is the activity of the special organizations to discover the fact of the testifying object according to the evidence. The testifying criterion of it is the different testifying degree that is needed for the three special organizations (public security and procurator organs and courts) to reach a conclusion on the different testifying object.In the criminal processing procedural academic circles, to establish the testifying criterion, there are three different theories: the Objective Truth; the Law Truth. Today's hot argument about the testifying criterion, to a great extent, is contacted with them.The writer concludes that in order to probe deeply in to the criterion of criminal procedural testifying, these theories must be recognized of which the limits shall be broken through. This thesis intends to consider the criterion of criminal procedural testifying by using the researches English-American and Continental law systems for reference and combining the practices and theories of the criterion of criminal procedural testifying of China in hope of reconstructing and improving China's criterion of criminal procedural testifying system.The full text is divided into five parts:The first part introduces the conception, features and history, and analyses the different theories about testifying criterion in present China.By analyzing legislation current situation, the second part draws the problems of present testifying criterion.The third part introduces and analyzes some presentative doctrines about criminal testification standard.The fourth part 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, and draws on the experience of two law systems' achievements.The fifth part combines with the present situation of Chinese criminal procedural testification standard's practice and theory. And reconstruct periodical testifying criterion in China according to principle of reconstructing testifying criterion. 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' achievements and to rebuild Chinese criminal procedural testification standard.