On Our Indictable Perfect Standard Of Proof

This paper first briefly discusses the criminal proof, standard of proof of concept as well as the standard of proof and proof requirements, the burden of proof and other related concepts, the difference and connection between the proof standard of public prosecution, the paper defines the connotation of the proof standard of public prosecution, and points out that the research question at the level of theory of value and its practical significance. Secondly, current to our country the standard of proof of reflection and review. China's" criminal facts are clear, the evidence is sufficient," the proof standard of public prosecution is a kind of exclusive standard of proof, in the long-term judicial practice form, has the objective authenticity, absolute oneness, the burden of proof of the infinite and the extensive application of it, to punish the crime, the protection of human rights has played an important role, but there are also difficult to overcome the defects and disadvantages:Does not conform to the understanding of evolutionary development rule, is the pursuit of objective truth, restricted the function effectively, so it is necessary to reform, thirdly, in two big legal system country has been examined and compared the proof standard of public prosecution. According to the United Kingdom and the United States, Canada and France, Germany, Japan and other major western countries under the rule of the proof standard of public prosecution of public prosecution system more visible, countries have a lot in common:The conviction of the great possibility of incorporating the proof standard of public prosecution, different stages of litigation and object of proof applied to different standards of proof, generally in a trial prior to the establishment of the pretrial procedure. Fourthly, put forward to reform and perfect our idea of the proof standard of public prosecution.It should be based on national conditions, a combination of subjective and objective, punishing crimes and protecting human rights under the guidance of the principle of paying equal attention to, learn from other countries advanced judicial idea and experience, set out actually from our country, from two aspects:perfecting the proof standard of public prosecution:One is to establish a proper combination of subjective and objective proof standard of public prosecution, namely, the evidence is sufficient, sufficient to prove that the defendants accused of the most likely lead to a guilty verdict and meet the needs of public interest; The other one is in the object of proof and level, standard of proof should be treated differently depending on the nature of the crime and the case of the different facts. Namely:the cases according to the different nature of the different applicable standard of proof, the substantive law and procedure law in fact adopt different standards of proof, the prosecution for illegal evidence standard of proof should be " beyond a reasonable doubt". Finally, to establish and perfect the proof standard of public prosecution is adapted to support system:a case of public prosecution system, Prosecution Guiding Investigation preliminary hearing system, the public prosecution stage evidence discovery system, change the procuratorial work appraisal system, prosecutor, especially the public prosecutor of the professional ranks, elite.