Criminal Standard Of Proof

The thesis focused on the theoretical study of levels of criminal proof standard. Initiated from the concept of criminal proof standard, discussed in detail on the basic model, levels, rules construction, and the urgent requirement to establish our criminal proof standard in levels, then put forward the corresponding legislative proposals.The main body is divided into four chapters. The first chapter is about the concept and function of criminal proof standard. First, the author described the concept of criminal proof stand. About the concept, the text analysis in-depth by three levels:legal proof, proof standard, the criminal proof standard. This chapter defined the scope of criminal proof standard is in the narrow sense here by analysis the concept. Based on this, analysis the function of criminal proof standard further, indicating that it's important to both parties in criminal proceeding.The second chapter is about the basic pattern of criminal proof standard. By comparative analysis of Two Legal systems, put forward the appropriate selection in the development of justice practice is the new model which combine both patterns.The third chapter is about the level of criminal proof standard. In narrow sense, analysis the levels, proposed different proof standard to different facts in substantive law, specifically, different standards to different responsibility holders, different facts to be evidenced in the same case should apply different standard, thus to make criminal proof standard more perfect.The fourth chapter is about the reconstruction of criminal proof standard rules. This chapter analyzed the current situation and defects of criminal proof standard, then based on which proposed recommendations on reconstruction of criminal proof standard rules in our country.The purpose of writing is by analysis the formation and development of criminal proof standard in Two Legal systems, combined with China's judicial practice, exploring the establishment of China's criminal proof standard with levels.