Empirical Research On The Standard Of "beyond Reasonable Doubt"

Proof standard is quite an important regulation both in the procedural law andevidence law system, it is also an important concept both in theoretical and practicalarea. It can be viewed as the core of the system of evidence in the litigation procedure.This time of the modification in Criminal Procedural Law introduced the "beyondreasonable doubt" proof standard into the original proof standard in our country, thisaction reflects the openness in our legislators mind, they have learned to draw lessonsfrom the advanced Anglo-American law system. But the concept of "beyondreasonable doubt" is not only a simple legal terminology, this time of the introductionwill bring a series of problems, therefore this article will briefly discuss about theseproblems.The introduction part started with the success of the "BoXiLai" trial, with thistrail raises questions about the progress repairation of the prove standard.This partalso briefly disscussed the current status of the research on theory and practice areas,and introduced the article’ stated,purpose, significance and research methods.The first chapter is about the modification of proof standard in criminalprocedural law, this chapter mainly introduced the criminal procedure law of thestandard of proof modification.Through the comparision on the clauses’ changes indifferent version, firstly, we can get a direct impression on the changes;secondly,through the analysis of legislative progress, we can see the progress valuebehind the provisions of the clauses.The second chapter is about how to understand "beyond the reasonable doubt", firstly, this chapter analyzed the connotation of the "beyond reasonable doubt"and thedifferent views and practices in different countries of Anglo-American law system,mainly introduced the development of "beyond reasonable doubt" evolution under thehistorical background of western legal system; secondly, with the status quo of legalenvironment in China and the basis of significant difference between our country andthose countries of Anglo-American law system, the introduction about the connotationof the "reasonable doubt" can help us understand more accurately.The third chapter is mainly about the uses of “beyond reasonable doubt” standard,this chapter choosing many case which covered different elements to help analys ofthe empirical approach, the analyzes of those cases help us understand what is"reasonable doubt", how heart syndrome works in different stages of "beyondreasonable doubt", the analysis of the "beyond reasonable doubt" hierarchy is mean togive a demonstration to the judge in judicial practice, so they can be more intuitive toapplicate the proof standard.The fourth chapter is about the perfection of the related system based on theempirical dilemma. This chapter firstly combed three point views on the currentreflection of the standard application, which come from the background ofProsecution, defense and judges, then put forward some proposal to break barriersagainst these obstacles related institutional environment, mainly analyzed from twoaspects of the legal system and legal environment, in order to guarantee a bettercircumstance for the development of "beyond reasonable doubt" standard.