Research On Standard Of Proof In Public Prosecution From The Perspective Of Comparative Law

Public prosecution is an important pattern to file a suit in criminal proceedings and a critical stage between investigation and judgement, forming a connecting link between the preceding and the following. Therefore, it certainly deserves to be focus on and studied by the academic and the practice, like how to have an effective charge in this stage and how to develop the due lawsuit value of public prosecution. The purpose of these researches is to set a standard for public prosecution to put a powerful restriction on the power of public prosecution and guarantee civil rights. However, which kind of standard to set could lead the public prosecution to work legally and reasonably? or which kind of standard to be used in evidence review by the public prosecution organ could make them exercise the power of public prosecution justly? Integrating the experience of the practice, the theorists have had a long-term theoretic exploration and some of them from China sum up experience and generalize some suggestion for the set of standard of proof in public prosecution of China through studying and investigating the legislation and practical performance on this question of other countries. Nevertheless, there is still no agreement in the research of the standard of proof in public prosecution, which has been an hot issue for the theorists in law.With the development of criminal procedural law and evidence law, especially with a view to the newest implementation of Criminal Procedural Law of the People’s Republic of China on January1st in2013, this thesis discusses and analyzes the standard of proof in public prosecution mainly by the method of comparative study, which is based on the diligent research achievement.The first chapter is to differentiate and redefine some basic conceptions related, to lay the foundation of the whole research, which include the relationships between proof and evidence, standard of proof and standard of evidence, standard of proof and requirement of proof, standard of proof and degree of proof, standard of proof and condition of proof.The second chapter is to discuss the due function of standard of proof in public prosecution, with the method of functional analysis in the criminal procedure and the society with rule of law, which is another point of view that is different from the significance and the value of lawsuit.The third chapter is to dialectically analyse the legislation and implementation of the standard of proof in public prosecution in some countries with rule of law, such as Germany, France, Japan, Britain and United States of America.The fourth chapter is to analyse the current situation of theoretical research about the standard of proof in public prosecution of China, and to express the author’s view on it according to different theories.The fifth chapter is to analyse the standard of proof in legality of the behavior to collect proof on the basis of the connection between standard of proof in public prosecution and the exclusionary rule.The sixth chapter is to put forward some suggestions to improve the accessory institutions of the standard of proof in public prosecution of China in the future.