Rconstruct Criminal Standard Of Proof In Economic Crime Investigation

The economic crime follows the market economy to appear. With the establishment of socialist market economic order, economic crime has presented itself with more and more new types and methods accompanying the development of society and economy, bringing about increasingly grave harm to the society. As the basis and core of all proceedings, evidence is the most primary issue in the procedure. It is an extremely important question that how to enhance the efficiency of economic crime investigation and how to collect and examine evidence accurately. The standard of proof goes through criminal proceedings in criminal procedural law. The act that criminal procedural subject collects, examines, judges evidences and deals with object should expound from the point of standard of proof. However, our present criminal procedural law lacks of feasibility without consideration for the features in economic crime investigation. Thus, it is necessary to construct the criminal standard of proof in economic crime investigation for our country.The article consists of three parts:Part one:Theories about standard of proof in criminal proceedings. In this part, the author analyzes the definition of standard of proof simply and studies relative theories about standard of proof in our country, which is made into theories for next part.Part two:The problems of constructing our country’s criminal standard of proof in economic crime investigation. In this part, characteristics of economic crime and proof are discussed. Moreover, the flaws of standard of proof in our country put the economic crime investigation into difficulty. The analysis of relevancy of proof is important in this part.Part three:How to reconstruct the standard of proof in economic crime investigation. Reconstructing criminal standard of proof in economic crime investigation may enhance the efficiency of the economic crime investigation, guarantee the judicial fair realization, and conform to the dialectical materialism epistemology.The standard of proof must be a multi-level standard. Different lawsuit stages are suitable with different identification standard, different lawsuit subject are suitable with different identification standard. In the end, we also discuss the proof of subject element which is very important in economic crime investigation within the new standard of proof.