Criminal Standard Of Proof

The standard of criminal proof is the core of criminal proof theory, and the issue arises many disputations in China's academic circles, which include epistemological and the ones that recollect the abuses of the conventional proof standard. The theoretical results listed above have certain positive significances, but they are out of joint with judicial practice and when they are put into practice, their operability is not strong. The author combines with the judicial practices of him and tries making a research on the subject, on the foundation of theoretical analysis and basing on the domestic condition, I suggested rebuilding a system of proof standard by combining the main with the auxiliary for our country.The thought train of the passage: "Raising a question, analyzing the question, and solve it. " The summarization of criminal proof standard is the first chapter, because each of the theoretical questions is always cut into from its concept and connotation, which is conventional, but as the foundation of representing the issue, the passage abides the convention as well.The passage has four chapters. The first part is the Summarization of Criminal Proof Standard. It represents the concept, basic content and the characteristics of criminal proof standard on the basis of defining the responsibilities, main bodies, target and regulations which are related with the proof standard. The goal is to straighten the connotation and legal meaning of the criminal proof standard.Chapter 2 is about Assessing and Turning Over to Think the Criminal Proof Standard. I have respectively assessed the proof standards of civil law system and Anglo-American law system, analyzed their differences and similarities as well as the current condition and deficiency of domestic criminal proof standard. The target is to clarify that we shall not completely copy the standards of western countries but to make it on the basis of national condition.Chapter 3 is Discussions of Criminal Proof Standard Related Issues. To clarify the precondition for rebuilding the national criminal proof standard, it mainly represents the worth orientation of legal proceeding, which is related with the setting up and rebuilding of the criminal proof standard, standard level and assorted rules such as the mode, responsibility arrangement, regulations and other issues of the proof standard.Chapter 4 is the Rebuilding of China Criminal Proof Standard. On the basis of the three parts above, I state the foundation and basic principles that shall be persisted in the rebuilding of national criminal proof standard, and proposed to remake the standard which is convinced to be the truth with rational basis and high probability beyond the question, as well as certain announcements at the same time.