Research On The Criminal Standard Of Proof Of The “Beyond Reasonable Doubt” In China

The criminal standard of proof in criminal proceedings means identified to achieve the desired degree of criminal suspects and defendants crime.The criminal standard of proof is the major problem relates to the pattern of the entire indictment, in-depth study of the problem is significant. The introduction of the current Code of Criminal Procedure, "beyond reasonable doubt" as part of the criminal standard of proof, so that our criminal standard of proof has been substantial breakthroughs. "Beyond reasonable doubt" standard of proof in common law countries, criminal proceedings over a long period of evolution, has formed its own characteristics, and already has a more complete theory. In the context of our understanding and application of the criminal to prove beyond a reasonable doubt standard required a combination of the original conviction, be reasonable position.In addition to the introduction and conclusion of this article, consists of four parts. First, the investigation "beyond reasonable doubt" in the origin of the common law, the analysis of its causes, and on this basis, further research "beyond reasonable doubt" meaning, the theoretical basis of the basic theoretical issues. Common Law from different angles explanation beyond a reasonable doubt, there are four: Confident moral difficult to determine, as well as a very high likelihood of a "reasonable suspicion" to explain the meaning of the other. Exclusion of the theoretical basis of reasonable suspicion include epistemology, methodology, theory of value. Secondly, to reveal "beyond reasonable doubt" in our approach into law. Reflection "beyond reasonable doubt" in the country by Refusal to blur and then accepted into the law course, by reflection on the history of law, to promote the law beyond a reasonable doubt of the multiple factors were analyzed. Again, discusses China’s current Criminal Procedure Law in the Context of "beyond a reasonable doubt." Indeed, the relationship between the full clarity "beyond reasonable doubt" and evidence of its reasonable position; proof "beyond reasonable doubt" as the evidence is reliable and sufficient content, whether it reduces the standard of criminal conviction proceedings raised some fundamental insights. Definition of "beyond reasonable doubt" should be considered applicable factors beyond a reasonable doubt that the conditions of use. Finally, explore the judge abused "beyond reasonable doubt" standard risk prevention path. Internal constraints and ethical rules of thumb rule is significant; at the same time, in order to explain the guiding case "beyond reasonable doubt", the perfect collegiate bench mechanism to require disclosure of evidence judgment document is also necessary.