Reflection On Chinese Public Prosecution’s Criteria Of Evidence

The standards of evidence of public prosecution is referred to the level to which theprocuratorial organs have to achieve in order to deliver defendants to the court for trial,namely the extent to which the procuratorial organs have to prove the evidence of guiltyto submit a case to the court. The standards of evidence of public prosecution is not onlyrelated to the balance between punishing crimes and protecting human rights, entityjustice and procedure justice, but also reflects the country’s procuratorial system and itsbasic characteristicsits of operation. According to China’s current Criminal Law, thestandards of evidence for the procuratorial organs to prosecute and the people’s courtsto render a guilty are “clear facts and convincing evidence”, Therefore, we can draw theconclusion that the current legislation of our country considers the standard of evidenceof prosecution is equivalent to that of the judgment of the court, moreover, therequirements on the standard of evidence of prosecution is vague, gengral andimpractical, resulting in deviations in its application, even the polarization of “artificialraising” and “artificial reducing”. As a result, it is vitally important to carry out anin-depth and systematic research, identify its relation with the standard of convictionand present the specific standard featuring both rationality and operability in solving therealistic problems of standard of evidence of prosecution and in realizing the unificationof legal system. The author regards it unreasonable to equal the standards of evidencefor the procuratorial organs to prosecute with that of the people’s courts to render aguilty. Meanwhile, standard of evidence of public prosecution is too general to reflectthe stage of criminal litigation. In face of these series of problems, the reform ofstandard of public prosecution has been to be imperative. In fact, we can draw lessonson public standard of evidence of prosecution from the foreign countries, and combinethe characteristic of ourselves to establish our own standard of evidence of prosecutionwith rationality and scientificalness.