Question And Improvement Of The Standard Of Criminal Proof In China

The standard of criminal proof has always been a major issue of theoretical and practical circles in our country.The standard of criminal proof in common law system is called "beyond a reasonable doubt",and called "intimate conviction" in civil law system.The standard of criminal proof in China can be summarized as "the evidence is reliable and sufficient".But the standard in our country has a lack of logical structure due to its rigor,lack concept content of clarity,neglect of proof subjectivity,lack of leading semantic thinking,so it need to introduce a more realistic standard as a supplement.The Criminal Procedure Law amendment purposes absorb the favorable factors "beyond a reasonable doubt" standard is based on the original,so that our country's standard of criminal proof can be improved.In addition to the introduction and conclusion,the text is divided into three chapters as follows:Chapter ?,a study of the basic theory of the standard of criminal proof.This chapter discourses the concept of the standard of proof,also discussed and compared with objective truth and legal truth,has a clear of the value basis on the standard of proof.The chapter also instruct the standard of criminal proof in two legal systems,in case to provide a reference for our country.Chapter ?,analyzing of our country's standard of criminal proof.This chapter expounds the characters and the defects of our country's standard in the past,illustrates the realistic background of "beyond a reasonable doubt" into China.The chapter also discusses the relationship between the full clarity "beyond reasonable doubt" and evidence of its reasonable position,proof "beyond reasonable doubt" as the evidence is reliable and sufficient content,raised some fundamental insights on whether it reduces thestandard of criminal conviction proceedings.Finally,it summarizes the deal with the "disputed crime" on the judicial practice in our country.Chapter ?,the development direction of our country's standard of criminal proof."Beyond a reasonable doubt" is actually a systemic standard of proof system,which is not only means itself,but also contains the pursuit of value of beyond a reasonable doubt and the protection of external system,which comes from the common law systems.The introduction and implementation of the standard in our country is not the changes in legal terms,but about the construction and improvement of our standard of proof system,even more important about the change and improvement of our concepts of justice and security system.