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Study On Beyond Reasonable Doubt In The Standard Of Criminal Proof

Posted on:2017-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhaoFull Text:PDF
GTID:2336330512968123Subject:Law
Abstract/Summary:PDF Full Text Request
When the Criminal Procedure Law was revised in 2012,beyond reasonable doubt was legislated in our country.Mainly reason for revision is to increase the certainty of facts in the criminal trial by improving the standard of criminal proof.Because beyond reasonable doubt is a kind of subjective standard and indicates the methods and ways of proof,it can make up for the subjective and operational defects of the criminal proof standard,facts are clear and the evidence is insufficient.At the same time,the thought of integrating objective truth theory and legal truth theory,provided the basis of epistemology of beyond reasonable doubt.The judges need produce his inner convince to judge the case true complying with the standard of beyond reasonable doubt,which is considered to be the highest degree of certainty in criminal proof in Anglo-American law.In our country,there are many problems in the practical application of beyond reasonable doubt,which cannot fully play its role in the criminal proof.First,the connotation of reasonable doubt,the core of beyond reasonable doubt,is not clear.Based on the definition of reasonable doubt in Anglo American law countries,the characteristics of reasonable doubt can be defined.Second,there is controversy about the scope of application of beyond reasonable doubt standard.Including not distinguish between different stages of the proceedings when it is applicable,which will cause a lot of crime to evade the law.And not uniformly apply to death penalty cases and ordinary criminal cases would be contrary to the principle of fairness.Third,there are conflicts of thinking between beyond reasonable doubt and mechanical way of proof like proof doctrine and the new legal evidence doctrine,It also includes the disputes arising from the use of presumption in criminal proof and the issue of the distribution of burden of proof in criminal proceedings.Fourth,the evidence system to ensure the accurate application of beyond reasonable doubt is not perfect,and the working mechanism of the trial like the judicial committee review,the people’s jury system and the internal assessment mechanism of misjudged case is unreasonable.These questions are not conducive to beyond reasonable doubt play a role in practice.Through these ways,further clarifying the meaning of the concept,the development of supporting system rules,to improve the judicial mechanism and the environment,to improve the Judges’s professional quality,can be used to solve the practical application problems of beyond reasonable doubt standard.Specifically,to perfect the legal system and judicial mechanism in legal interpretation,case guidance,evidence system,reasoning system,jury system,selection of evaluation mechanism and so on.On this basis,beyond reasonable doubt standard can be better play a positive role of accurately identified the fact.Therefore,the goal of the system design is realized.
Keywords/Search Tags:the standard of criminal proof, beyond reasonable doubt, rule of evidence
PDF Full Text Request
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