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The Research On The Application Of Beyond Reasonable Doubt Of Standard Of Proof

Posted on:2015-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
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The concept of criminal standard of proof refers to the standard and benchmark that need to be met by staff of public security, prosecutors, courthouse, and participants in criminal proceedings in accordance with certain legal constraints, and confirmation of the alleged facts of the case. China has successively gone through the stages of "evidence shown by Heaven","without reasonable doubt after clear investigation","inner belief","clear facts, reliable and sufficient evidence", and "beyond reasonable doubt" with regard to criminal standard of proof. The standard of "beyond reasonable doubt" originated from countries that adopted the Anglo-American law system in the18th century, and therefore has a long history. The author believes that "reasonable suspicion" denotes suspicion that a reasonable person has which is in line with normal human thinking and logic, and which is related to the criminal suspect’s guilt."Beyond reasonable doubt" means to rule out the suspicion that makes a reasonable person hesitate based on common consciousness, so as to achieve inner belief.The adoption of the "beyond reasonable doubt" standard of proof is highly necessary. First,The "beyond reasonable doubt" standard clarifies the meaning of "clear facts, reliable and sufficient evidence", which is carried out by way of proof by contradiction and trial and error, making the standard of proof clearer and enhancing the operability of the standard of proof. Second,because of the clear standard of proof of the "beyond reasonable doubt" standard, it can exert effective constraints on judicial acts, and help reduce miscarriages of justice. Again,"Beyond reasonable doubt" standard can also improve the productivity of judicial work and save judicial resources.The application of "beyond reasonable doubt" standard in China is limited by the qualities of judges, the degree to which the judges are related to the cases, morality, traditional thinking, litigation status, the hype of media and many other factors. Proof that reasonable doubt has not been ruled out in criminal cases include: contradiction between main evidences, contradiction between primary evidence of guilt and facts to be proved, contradiction between evidence of guilt and rule of thumb, and not excluding illegally obtained evidence. Therefore, measures that should be taken after a reasonable doubt is found are:timely legitimate supplementary investigation, careful screening of evidence collected, and corrections or clarifications. According to the rule of "no punishment in doubtful cases", when reasonable suspicion is not ruled out in the end, a natural result should be acquittal or to change the original sentence.
Keywords/Search Tags:Beyond reasonable doubt, Criminal standard of proof, Standard ofproof
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