The Judicial Application Of Beyond A Reasonable Doubt Standard

Proof standards should be the soul in the evidence law. It is directly related to thequality of criminal judgment and the realization of judicial justice. How to correctlyunderstand and apply certificate standard is a difficult problem in the judicial practice.New criminal procedural laws absorbs “beyond a reasonable doubt” as the part of theproof standard, which makes it become a kind of evidence really, fully explaining,this request when judging evidence in realness and fullness to achieve the degree ofbeyond a reasonable doubt. In this context exploring the connotation of beyond areasonable doubt standard should be applicable methods of great significance.In this paper, the text includes four parts. It has been a total of more thannineteen thousand words. The main contents are as follows:The first part illustrates the origin of the Chinese standard of beyond areasonable doubt. Expounding the standard of beyond a reasonable doubt is how tostep by step from the critical role of scholars to which is accepted and was eventuallyadopted by lawmakers.for the next part of the interpretation of the standard of beyonda reasonable doubt the connotation and the judicial application of establishing a macrobackgroundThe second part illustrates the connotation of standard of beyond a reasonabledoubt, and emphatically discusses the concrete operation steps in the judicial practices.The connotation different from some scholars only pays attention to its subjectivecontent, the author in order to facilitate the use of the judicial practice.For thepurpose, there are two aspects of subjective and objective to expound his views; itsfour steps that not only can be seen a proof of standards, and can be used as a methodof proof in the judicial practice. We will have a more intuitive understanding and theunderstanding to the operability.The third part is mainly to write how to effectively use laws of generalexperience and the principles of logic on beyond a reasonable doubt of standards toexplain two controversial points. doubting the rationality of the connotation and theguilty verdict of the comprehension of the uniqueness is the key to grasp the standardof beyond a reasonable doubt. There is no denying the fact that the two disputedpoints have multiple explanations, but laws of general experience and the principlesof logic are used to interpretation should be the main way. The key problem, the author use several examples to illustrate, in order to facilitate understanding. This partis the focus of this article.The fourth part briefly narrates the beyond a reasonable doubt standard relatedsupporting measures, which can makes it better use in practice.