On The Issues Related To The Current Standard Proof Of Detention Of Our Country

This thesis is chiefly discusses on the standard proof of detention, it is a one-sided understanding problem in practice and a lot of views on the standard proof of detention in the theoretical understanding .Studies on the standard proof of detention is very important to implement the statutory detention conditions, reduction the phenomenon of wrong arrest and protection of the criminal suspects'legitimate rights.In addition to this introduction, the thesis is divided into four parts. There are about 30000 words.Part one mainly discusses the concept of the standard proof of detention. To begin with, the author introduction the concept of the standard of proof form theory, and then pout out its natures, and also introduces the concept of the standard proof of detention.The second part mainly discusses the relevant standards in other countries. Based on the standard proof of detention in the Anglo-American Law System and the Continental Law System, and pout out that the standards all combining the subjective and objective factors, and also these all diversified.The third part mainly discusses our country's standard proof of detention. Points out the merits such as objectivity and hierarchy, and the demerits such as the relevant provisions are comprehensive, and standard proof of detention is vague and ambiguity, and disproportionateness. In judicial practice the standard proof of detention also detached from the statutory standard, the reasons is not only the arrested system itself has many demerits, but it also has much with subjectively of the investigators who could held irrational understanding on it and so held wrong views about function of arrest.In the fourth part, I will suggest perfect our standard proof of detention. it's too abstract and general and lack of feasibility, make arrest reflect a lot of problems in practices, such as the measures of arrest has a high usage rate, a long time of arrested, even the measures of arrest has become punishment and deterrence crime tools. there are a lot of suggests such as further defined standard proof of detention, and set up a system of standard proof of detention that is diversified, and set up standard proof of detention that combining the subjective and objective factors. Among my suggests, it is very import to further defined our country's standard of proof to arrest, it can be further defined as"have evidence which has been checked and found to be true to preliminary ascertainment of the suspects'criminal facts."...