Stratification Research On The Criminal Proof Standard

Action legal system and improving the modern legal system is the main mark and importantcontent, litigation and improving the legal system is also govern the country according to lawand safeguard human rights, perfect the legal system construction of powerful legal guarantee ofa home to return to the system. Action legal system civilization degree and complete thesituation, in the very great degree can represent a country and national democracy, the rule oflaw degree, the degree of civilization and progress.Criminal standards of proof problems, especially criminal proof standard stratificationtheory has been practice boundary dispute bigger problems, difficulties, a lot of a lot ofconfusion. In this paper our criminal proof standard of the hierarchical system for the followingseveral aspects to reshape the analysis research:The first part is to determine criminal proof standard of the layered concept. Criminalstandards of proof layered concept is not established academic circles. This part the author listsseveral major academic view, and they are analyzed, and finally determined the logic startingpoint of this paper writing, criminal standards of proof is layered concept is periodic criminallawsuit proof standard of the stratification system.The second part mainly analyzes China’s current criminal proof standard of the mainproblems of the system. These problems are mainly embodied in the law, theory and practice offield expression. These problems have the concept level missing, and the practice level ofrestriction; A criminal judicial field the absence of rules, there is also supporting measures suchas "state compensation law" the provisions of the asymmetric.The third part is the foreign criminal proof standard research reference. Mainly from thesources of thoughts system regulation, evaluation reference and so on several aspects. Commonlaw countries guilty verdict proof standard statement as "ruled out reasonable doubt" and thecontinental law system "the judge the heart that are criminal proof standard of the classicstatement, and after one hundred years of accumulation, has become the guiding criminal litigation legislation and practice the core concept. Our country due to ignore know progressive,neglecting the investigators libertad, ignoring the law real standards of judicial practice by manyof the disease can be based on the related theory of foreign research amended reference.The fourth part the author mainly focus on solve the proof standard of the hierarchicalsystem of remodeling. On the one hand to emancipate the mind, to solve the problem of updatingconcept, on the one hand, to build up a new legal system to the system update guide judicialpractice, another is to form a complete set of perfect system, such as the trial system, pleabargaining system,evidence exchange system, the state compensation law article andprocuratorial organs of the complete liberation.