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Beyond A Reasonable Doubt: A Guilty Verdict Prove Standard Research

Posted on:2013-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LuFull Text:PDF
GTID:2246330395953102Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The standard of proof is the soul of the evidence law, We can say that the evidence law will not exist without it. In criminal procedural law, according to the process of criminal process, it requires different levels, so we must formulate different specific standards. The standard to commit a crime is the most important issue in the area of the standard of proof, it not only relates to influence court trial quality directly,but also the realization of judicial justice.In order to understand the significance of this problem, I carried out some exploration and reflection to study the beyond of reasonable doubt. In the beginning of this article, I analyzed the concept of the standard of proof and,pointed out the similarities and difference in the different definition proposed by different scholars, after doing this analysis, I raise up my own idea. Then, I point out the importance of doing some research about this problem. The second part of my article discusses in detail the theory of beyond reasonable doubt including the origin of it, weather we should define it or not, and how to define it. In the third part of the article, I point out two methods about the definition of the reasonable doubt, and conclude that when we try to define it,we must follow four principles. On the base of specific analysis, we can get a distinct understanding about beyond reasonable doubt. In the forth part, I analyzed the current situation about our country’ rules on this thesis.naturally, the defect of our country’criminal standard of proof is presented. In the last part of this article, I put forward my suggestions about how to improve it and how to make sure it will be carried out as we wished.
Keywords/Search Tags:The criminal standard of proof, Beyond reasonable doubt, Probability
PDF Full Text Request
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