A Study On The Difference Of Standard For Proof Of Criminal Summary Procedure

What this paper studied is the difference of standard for proof of criminal summary procedure.To be specific,that is,compared with criminal common procedure,the standard for proof of criminal summary procedure should be the same or different? If there is difference,what is it?The legislation of criminal summary procedure can be traced back to the late Qing Dynasty,but the problem of the different standard for proof has not been paid much attention for a long time.And there was only sporadic mention of it in the past ten years.However,based on three reasons,the difference of standard for proof of criminal summary procedure becomes more and more important,and it has received attention and initiated discussion in recent years.Firstly,with the rise of the diversification of the value of litigation,the traditional theory of objective reality appeared loose.Secondly,in the promotion of the division of complicated and simple criminal cases,the difference between summary procedure and common procedure is more and more obvious.But it is confused how to achieve the same strict standard for proof in these two different procedures.Thirdly,the plight of efficiency makes people reflect whether there is problem of the previous single path? Whether the standard of proof can be adjusted appropriately to solve the efficiency problems? Therefore,the problem of the difference of the standard for proof of criminal summary procedure becomes a problem that the criminal justice of each country needs to face up to and solve in the process of "streamlining the process" under the background of globalization.On the whole,there are still few articles related to this problem directly in the academic community.As to the existing research,the opinions of this problem are divided into "the same standard" and "the different standard".But most of them are only opinions of the argument,lacking of depth analysis and detailed discussion.In terms of the necessity of different standard for proof,according to the analysis of three aspects including the starting point of value,procedural process and the output of judgments,different standard for proof of criminal summary procedure is necessary.Empirical research,comparative research,case analysis,and historical research have been applied in the analysis.First of all,in the value of choice,summary procedure is different from common procedure.Summary procedure is more focused on efficiency on the basis of protecting justice.This means,on one hand,efficiency value requires using different standard for proof to ensure the procedure can be simplified and efficiency can be improved.To be specific,Firstly,the simplification of procedure will result in a lower standard of proof.Secondly,the plight of efficiency shows that it needs different standard for proof to ensure that the procedure is truly simplified and that efficiency is improved.On the other hand,protecting justice reflects in the "just right" fairness that is compatible with the summary procedure.It requires using different standard for proof to balance the wrong preferences and prevent misjudgment,to ensure the realization of the basic justice.In particular,the function of the standard for proof is to allocate errors rather than to reduce errors.What is more,the research on the second instance after the summary trial of confession cases shows that the difference between summary procedure and common procedure is that the number of the defendant innocent in fact is different between these two procedures.It may cause the imbalance of distribution of errors adhere to the same standard of proof in the summary procedure,and it may ensure the balance of allocation of errors upon the different standard of proof.Then,upon the empirical research of domestic and foreign scholars on the wrong case,we can know that the different standard of proof can effectively prevent the occurrence of the wrong cases in the cases with guilty plea,when summing up the characteristics and causes of the wrong cases in the cases with guilty plea.For the prevention and control of special misjudgment,such as hypocritical plea,it should aim at the problems under the procedure of guilty plea instead of relying on provoking the standard of proof artificially,to strengthen the protection and review mechanism of consensus.Second,in the process of the procedure,the path of mental impression and the arrangements of procedure under the consensus are different between the summary procedure and the common procedure,and this difference will further highlight the difference of standard for proof.Finally,at the output of the judgments,the reasonable demand of judgment is different between the summary procedure and the common procedure.It'll conflict with the value of the truth under the introduction of the efficiency value in the summary procedure,to further affect the setting of the standard for proof.In terms of the realization of the different standard for proof of criminal summary procedure,firstly,it is suggested that the different standard for proof can be appropriately lowered to "clear and credible evidence";In addition,for summary procedure,the consensus is not only the precondition for justice,but also the fragile part which can easily lead to misjudgments,so it is necessary to increase the lawyers' participation and strengthen the review of conscientiousness,voluntariness and authenticity to ensure the defendant plead guilty wisely,voluntarily and truly.