Research On The Convictive Standard Of Criminal

The convictive standard of criminal is one of the key issues in Criminal-Proof theory, so it had been paid much attention in fields of academic and practice. In recent years, misjudged case in criminals have been frequent so that people become rethinking profoundly in Evidence Science. The convictive standard is the status standard or extent that the prosecuted facts in issue should be reached by judges through whole competence of evidence, while courts render judgments to decide whether the defendants be guilty or innocent. The convictive standard plays an important role in asserting the fact of case in criminal procedure. So, if it is definite rational and workable, the convictive standard should had the great significance in prevention misjudged case in criminals. In regard to the convictive standard litigation, "beyond reasonable doubt" and "be sure in heart" are the representative views in foreign countries, but in China, the convictive standard is "the facts and circumstances of the crime are clear, and the evidence is reliable and sufficient". After the newest evidence provisions promulgated, the convictive standard is becoming a hottest topic. The paper analyze the status of the convictive standard in China which un-insuperable obstacles in theoretical research and entered into an unsolved position. In order to ensure the effective implementation of the laws, setting up the legal authority, guarantee fairness and justice in society and prevent misjudged case in criminals, we must make measures in perfecting the convictive standard, then put forward new ideas. The paper introduced the main problems in the form of analyses case in introduction. The main problem about this paper is that misjudged case in criminals strongly linked to improper using the convictive standard. The aim is to make people realize the necessity and urgency of the perfection the convictive standard in China.Part one is a discussion of the convictive standard. Firstly, by introducing the definition of the criminal testimony standard, the paper leads to the convictive standard is an important part of the criminal testimony standard. Secondly, the paper analyzes the connotation and extension of the convictive standard of criminal, and respectively introduces the feature and some relevant concepts of conviction standard. Lastly, points out significances in the research of the convictive standard.Part two discusses the relation of the convictive standard and criminal misjudged case. From the definition, this part analyzes the causes of criminal misjudged case, including excessive pursuit of objective fact, extort confessions by torture, the case-solving ability of the judges and misreading of "Leave Some Leeway". Meanwhile, it reveals that one of the important causes the criminal misjudged case is unreasonable application in the convictive standard by judicial officers. In addition, particularity criminal testimony plays an important part of errors of justice.The third section of this thesis talks about the status of the convictive standard of criminal in China. First, there are two basic theories about the convictive standard: "objective true" and "legal true". The writer hold a view that we must insist "legal true" that the convictive standard must be the basis of pursuit "objective true" for "carry corpse case" example. Second, the author introduces the position our Evidence law and put forward the problem and disadvantage of the convictive standard, specially discussing the newest evidence provisions in China.The fourth section of this thesis is about the experience of other countries for reference of the convictive standard and basic norms governing the convictive standard. The most important analysis is the perfection of the convictive standard. The author thinks the convictive standard must insist the existing situation standard and absorb advanced international theories. Besides, the convictive standard should be according to testimony burden subject. In particular, if the judge authenticated evidence in favor of the defendant, the convictive standard should be "evidence is irrefutable and sufficient, beyond all reasonable doubt"; if the judge authenticated evidence going against to the defendant, the convictive standard should be "superior evidence". In the end, the thesis takes the case of "DUPEIWU" for example to demonstrate the new thinking of perfection of the convictive standard.The last, the author makes a conclusion and puts forward some suggestions.