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The Criminal Litigation Proof Standard Again

Posted on:2014-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:K ChangFull Text:PDF
GTID:2246330395491653Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal standard of evidence is a basic content of the research of criminal evidence law,it is linked with litigation principle closely, and profoundly influenced the litigation practiceat the same time, it is the core member of status in the whole process of judicial proof, hasvery important significance. Western countries mainly established the " Reasonable sure " and"Beyond a reasonable doubt" standard of criminal standard of evidence, although these twostandards exist differences in expression, but for the probability of litigation proof problem ithas basically formed consensus and its essence has obvious consistency. China’s law on thecriminal standard of evidence problem has always been controversial. On theoretical research,mainly has "Objective truth",“Legal truth" and so on, each theory is distinct conception, titfor tat. On legislation, from filing to arrest, then to transferred for examination and theprosecution, until finally a guilty verdict, the criminal procedure law standard of proof in ourcountry has made the basic consistent,"facts of the crime is clear, evidence really, fully", thisis the objective standard, the pursuit of absolute truth, even if that passed in2012,2013beganto implement the new "criminal procedural law" further clarify the final judgment——thethree conditions——"evidence really, fully", joined the subjective elements of "Beyond areasonable doubt", these statements are still a sweeping, and general requirements of theoverall situation of the case, context of the introduction of the "beyond reasonable doubt" mayalso cause the confusion of understanding and use of standard of evidence. Actually, factorsaffecting standard of evidence is a complex, multiple and phases, standard of evidence will not and should not be a single absolute objective and general standard, how to build ascientific, reasonable, both the maneuverability, and conforms to our country tradition andactual evidence standard is an important subject to the theory and to practical.Mining properties of criminal standard of evidence, comparing to western countriesrelated theory and system, discussing representative theories on the basis of academic circlesin our country, it is not hard to find the defects of current criminal standard of evidence. Withthe gradual deepening of the study, we will also realize that only adhere to the objectivestandard of evidence is ideal, lack of operability and difficult to achieve, Only insisted innerconviction of the standard of evidence instead of objective requirement, subjective criteriawould lose the right target guidelines, easy to embark on the road of wanton arbitrariness. Inour country criminal standard of evidence, subjective criteria and objective criteria willcombine and fully embody the harmonious coexistence of entity justice and procedure justicevalue, establish reasonable inner conviction that conform to the objective reality of the unityof subjective and objective of criminal standard of evidence, improve the rule of law in linewith modern scientific standard system is the standard of evidence in criminal proceedingstheoretical and practical development of a road.
Keywords/Search Tags:Criminal standard of evidence, Subjective and objective unification, Inner reasonable sure, Objective true
PDF Full Text Request
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