The New Standard Of Criminal Proof:"Beyond A Reasonable Doubt"

The standard of criminal proof is a theoretic issue of the utmost concern, as well as a thorny problem bewildering China’s agencies of judicial practice. The new Criminal Procedure Law had introduced a statement of "beyond a reasonable doubt" means it officially became part of the standard of criminal proof. First is basing on the study of the criminal standard of proof, and the basic theory of criminal proof is the starting, for the research of the "beyond a reasonable doubt"."Beyond a reasonable doubt" is fully developed and matured in the common law countries, which is originated in the Anglo-American legal systems. The understanding and using of "beyond a reasonable doubt" standard in China needs to understand our existing criminal standard of proof system, and figure out the position of "beyond a reasonable doubt" standard in the criminal standard of proof system.In addition to the introduction and conclusion, the text is divided into four chapters as follows:Chapter Ⅰ, A study of the concept of the standard of criminal proof. This chapter discourses the concept of the standard of criminal proof. The standard of criminal proof is the core of the activities of the criminal proving. The basic of learning of the standard of criminal proof is grasping the concept of standard of criminal proof. This chapter also discusses the philosophy requirements of the standard of criminal proof.Chapter Ⅱ,A outline of the beyond a reasonable doubt. This chapter discusses the concept and the connotation of beyond a reasonable doubt, and it’s theoretical foundation. The rationality of beyond a reasonable doubt is talked in this chapter. Then, there is a comparing between beyond a reasonable doubt and inner conviction.Chapter Ⅲ, The applicable of beyond a reasonable doubt in Common Law. It is more than200years since the beginning of using beyond a reasonable doubt in the criminal trial in Common Law. But there are several opinions about the origin of beyond a reasonable doubt. In Common Law, beyond a reasonable doubt get it’s procedural safeguards.Chapter Ⅳ, A study of the original standard of criminal proof of China. In a long historical period of China, as the proceedings of the value of the guidelines,"objective truth" had been applied in the judicial practice. With the development of the litigation theory, the importance of "legal truth" is highlighted. This chapter also discusses the legislative situation and the defect of the original standard of criminal proof.Chapter Ⅴ, The improvement of our standard of proof with "beyond a reasonable doubt"."Beyond a reasonable doubt" is actually a systemic standard of proof system, which is not only means itself, but contains the pursuit of value of beyond a reasonable doubt and the protection of external system, which comes from the Anglo-American legal systems. The introduction and implementation of "beyond a reasonable doubt" is not the changes in legal terms, but about the construction and improvement of our standard of proof system, even more important about the change and improvement of our concepts of justice and security system.