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Research On "Beyond A Reasonable Doubt" Standard In The Amendment Of The New Criminal Procedure Law

Posted on:2013-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GongFull Text:PDF
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March14,2012, the fifth session of the Eleventh National People’s Congress decided to make changes to the Criminal Procedure Law of the People’s Republic of China ", which Article53is amended as:" the evidence is reliable and sufficient, it shall comply with the following conditions this provision:(a) have the fact of the conviction and sentencing of evidence;(b) According to the evidence for ascertaining the statutory procedures have been verified;(c) evidence of the whole case, the determination of facts beyond a reasonable doubt."The changes show that China’s criminal trial with a new standard of proof development and breakthroughs. Criminal trial standard of proof can be summarized as "there is ample evidence." With continuously raising the level of social and economic development, the foreign advanced concept of criminal trials as well as the emergence of many new situations and new problems, so that the existing criminal conviction standard there has been a lot of problems in the operation of, and no longer adapted to the needs of China’s development, the modifications of the Criminal Procedure Law, has high relevance and practical significance. As a result, I intend from "beyond a reasonable doubt" standard in the evolution of the foreign paper, conceptual analysis and comparative analysis of the use of means of comparison of the original standard of proof, come to our judicial practice "beyond a reasonable doubt" applicable possible, and trying to find a solution.In addition to the introduction and conclusion, the text is divided into four chapters.Chapter1is the introducing of "beyond a reasonable doubt" standard of proof under the common law system. This chapter discusses the "reasonable suspicion" standard of proof, the history, the meaning of the characteristics and challenges. History from the historical point of view,"beyond a reasonable doubt" standard is a specific judge to rely on the common law system of judge-made law, the summary of the trial, the trial experience gradually summarized and the results of the study. And from the point of view of the characteristics, reasonable doubt, and the evidence, the referee who with reason and conscience, the protection of the legitimate rights and interests of the defendant with the presumption of innocence is closely linked to a few basic characteristics of this standard. But the standard face, such as the meaning is too abstract and vague, conflicting and conflictual defines its meaning in the judicial practice, the lack of maneuverability.The second chapter is the introducing of the original conviction standard of proof. This chapter gives a comprehensive sort of our country has been in use prior to the standard of proof. Our criminal trial in a very long period of time that the standards are "evidence is ample standard, this standard is slowly evolved with the modern Chinese legal history, and later in the procedural law system based on the absorption of the former Soviet Union, This objectivity is very strong standard of proof has been more progress, conscious awareness creation, has played a guiding role in our criminal trial work for a certain period of time. But has a lack of logical structure due to its rigor, lack concept content of clarity, neglect of proof subjectivity, lack of lack of leading semantic thinking, the need to introduce a more realistic standard as a supplement. The Criminal Procedure Law amendment purposes absorb the favorable factors "beyond a reasonable doubt" standard is based on the original, so that China’s criminal trial standard of proof to achieve the objective and subjective unified enhance our standard of proof of criminal trial procedures operability.Chapter3is the understanding of the context of the new Criminal Procedure Law,"beyond a reasonable doubt", of The Criminal Procedure Law Amendment added "reasonable suspicion" relevant content is discussed in this chapter, and "beyond a reasonable doubt" standard applicable in our practical significance analysis. First of all, the "beyond a reasonable doubt" concept in the context of China’s judicial understanding of the concept of "reasonable suspicion" requires the trial after its rational analysis and careful consideration and there are still widespread skepticism of the evidence in the case will be upgraded to have pretty reasonable suspicion. So, focuses on criminal cases evidence of "reasonable" suspicion, is "beyond a reasonable doubt" standard of proof gist. For example, the confession of the accused had committed crimes and their alibi does not match the seized evidence and onsite inspection records conflict, such is reasonable doubt, and should be cautious in dealing with. Secondly, the "beyond a reasonable doubt" standard of proof in the pursuit of the objectivity of the evaluation of the facts of the case, stressed the subjective evaluators to prove the necessity of the facts of the case, is no longer just a pure focus on the pursuit of the objective facts of the case, in order to achieve the unity of subjective and objective standard of proof, so as to achieve a balance. Again, are ample "evidence" standard compared, through the introduction of "beyond a reasonable doubt" standard, and our existing Criminal standard of proof to be reasonable, our criminal standard of proof and even criminal litigation system can play a more good perfect role. Finally, the Criminal Procedure Law amendment "beyond reasonable doubt" adding "there is ample evidence" standard meaning, as a complement of the original criminal standard of proof, to achieve the objective and subjective unified, improve the quality of the actual trial work has a very large practical significance, expressed as the following: strengthen the subjectivity review of judgment on the evidence, highlighting the principle of "presumption of innocence" litigation, criminal trial quality strictly.Chapter4discusses a’perfect’ conviction standard of proof whth beyond a reasonable doubt in our country. Of applicable "beyond a reasonable doubt" standard should be noted that in the use of trial practice:for "beyond reasonable doubt" standard should accurately grasp its meaning clear its specific range, to the effective exclusion of illegal evidence-based, should also be subject to the general criminal use of evidence based on. For those issues that may arise in practice, we can pass:prominent node of the review to change the usual "presumption of guilt" thinking, set up specifically illegal evidence review process, to improve and resolve to implement the use of criminal evidence rules in the program medium means. The article hopes that by "ample evidence" and "beyond a reasonable doubt" standard theory combing and theoretical analysis, and that our future standard of proof applied in practice in the new Criminal Procedure Law to provide reference and help.
Keywords/Search Tags:Criminal suit, Reasonable doubt, Evidence Standard, Standard of proof
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