Research On The Diversification Of Criminal Standard Of Proof

Proving facts of a case is an important litigation activity, and also the research focus of Procedural Law and Evidence Law. Criminal proceedings are to resolve whether a person is criminally liable, which is always with serious consequences such as expropriation of citizens’property, restriction one’s freedom and even deprivation personal life. In order to guarantee human rights, punish crimes, restore social order, establish the legal authority and ensure the orderliness of the litigation activities, it is necessary to set a reasonable criminal standard of proof. Currently, diversification standard of proof has become a legislation reality in more and more countries. Setting a criminal standard of proof, which is considering various factors, in line with cognitive law and workable, to overcome the shortcomings of existing standard of proof, is a problem we need to study seriously.This article is divided into four chapters:Chapter one introduces the conception of criminal standard of proof, analyzes the different definitions of it, and puts forward personal understanding. Then expounds the value of the standard of criminal proof in the protection of human rights, litigation justice and lawsuit efficiency. Chapter two introduces the "unified" content standard and "diversified" standard, discusses that setting a "diversified" standard of proof is a complex process, which needs to take the nature of procedures, stage of the proceedings, the objectof proof, the proof bodyand alsothe practical restricting factors into consideration. Chapter three introduces the development path of the standard of criminal proof, analyzes the current "unified" standard of proof, points out the defects of it, such as legislation abstract, not according to the cognitive law, limiting exertion of system advantage of proceedings. Proposes the necessity to build a "diversified" standard of proof. Chapter four builds our "diversified" criminal standard of proof, refines the specific expression of different stages of the proceedings and different procedural, in order to build a integral system of criminal standard of proof.