Research On The Level Of Criminal Proof Standard

The standard as the core content of the criminal evidence law of criminal proof,is that activities to guide and standardize the criminal procedure rules,the facts of cases plays a vital role.The criminal procedure of our country is based on the theory of objective truth,and the "facts are clear,the evidence is true and sufficient”is the standard of proof.However,in different stages of litigation the proof of different responsibility subject and different proof objects without distinction for the same standard,this approach has many drawbacks,so it is very necessary to the standard of proof of criminal hierarchy division.The.problem of the standard of criminal proof,especially the level of the standard of criminal proof,has always been controversial in theory and practice.As far as the present situation is concerned,the level of criminal proof standard in China is far from meeting the needs of judicial practice.Therefore,it is of great significance to further study the level of criminal proof standard to promote the reform and improvement of criminal evidence system in our country.Based on the theory of knowledge of dialectical materialism,discusses the standard level of criminal proof,and the actual situation of our country and the legislation and theory of foreign countries combined,proposed consummates our country criminal proof standard hierarchy.This paper is divided into four chapters:The first chapter is an overview of the criminal proof standard hierarchy.First of all,the author explains the criminal proof standard,which is used as the foreshadowing,introduces the concept of the level of criminal proof standard,and then explores the characteristics of the level of criminal proof standard and its constitution and embodiment.Then,it analyzes the theoretical basis of the level of criminal proof standard,and finally expounds the function and function of the level of criminal proof standard.The second chapter is the analysis of the present situation of standard of criminal proof in our country.Firstly,it introduces the legal provisions of the standard of criminal proof standard in our country,and summarizes the characteristics of the level of criminal proof standard in our country.Then,through the analysis of the current situation of the level of criminal proof standard in our country,the paper points out the problems of the level of criminal proof standard in our country.The third chapter is the analysis and evaluation of foreign countries criminal proof standard hierarchy rules.At first,it introduces the common law and civil law the relevant provisions of the state standard of criminal proof,and elaborates the two law systems of criminal proof contents and characteristics of standard level,to perfect and provides reference standard level the criminal proof in our country.The fourth chapter is the improvement of the level of criminal proof standard in China.On the basis of the first three chapters,the author puts forward some principles and suggestions to improve the level of criminal proof standard in our country.