| Reckless Burning in our country’s criminal system has a special status; it emerged from a scratch, and has been developed gradually from less perfection.Criminal proof standard in criminal lawsuit activities occupies a very important position, it applies thoroughly in the judicial system for reckless burning cases without question.However, the theory of Reckless Burning and its criminal standard proof have no further development since the 1997 Criminal Law. Reckless Burnings cases are usually complex, yet the serious lag of theoretical study makes applying criminal standard of proof difficult inpractice.In the 2012 revised Criminal Procedure, provisions on criminal standard of proof have been perfected, the Article 53 "evidence is true, complete" is given a new interpretation, which contains the following three points:(Ⅰ) facts for conviction and measuring the penalties must have evidence; (Ⅱ) evidence used for conviction and measuring the penalties must be verified via statutory procedures; (Ⅲ) all evidence of a case has to be used to affirm the fact beyond a reasonable doubt. But the provisions on standard of proof in the Criminal Procedure has a defect of being too "unified", as there are no separate specifications made according to the different stages of criminal lawsuit activities. Although the rulesof evidence assume an important position in the process of proving Reckless Burning cases, they are too fragmented to play their due role; and the lack of guiding cases of Reckless Burning in practices leads to some cases with problems in conviction. So based on the working practice on Reckless Burning cases, the author of this paper put forward recommendations on perfecting criminal standard of proof, emphasizes the importance of establishing and perfecting rules of evidence in proof of criminal activities, and proves the leading advantages of referring to guiding cases, aims to improve the quality on handling Reckless Burning, to make sure the cases withstand legal inspection. |
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