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Application Research On The Proof Standard Of Beyond Reasonable Doubt

Posted on:2018-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2346330518992070Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Developed in practice,beyond reasonable doubt has its unique advantage and value.Although our original standard of proof can prevent the judge from subjective and arbitrary,it violates the objective rule of human cognition.Therefore,the introduction of beyond reasonable doubt is the first step in the reform of criminal proof standards in China.However, it is the next problem that how to make full use of the standard to meet the expectations of the people in our country.This article mainly discuss the application of beyond reasonable doubt from the following aspects,and hope that through the study of these problems,we can explore the proper way of the standard,give full play to its value.The first part introduces the meaning of beyond reasonable doubt and its judicial value in practice.The understanding of beyond reasonable doubt has always been discussed by scholars,but so far,both domestic and abroad,no one can give a satisfactory answer.So,it is not necessary to pursue the only explanation for the reasonable doubt.As long as ensure the meaning of "reasonable",we can grasp the meaning of beyond reasonable doubt.In addition,since beyond reasonable doubt coming in Chinese scholars sight,it accompanied by controversy.This paper think look at the standard rationally and clear the practical value of it can help people understand and apply it correctly,so as to exert its potential value in practice.The second part introduces the current situation and difficulties of beyond reasonable doubt.It is essential to study the development of beyond reasonable doubt in practice in the legal environment of our country.This paper selected several judgment documents from the referee network,through analysis of beyond reasonable doubt by the judge in the documents,we can get some useful information,such as the meaning of the standard in the mind of the judge,the status of the standard.By do this,we can identify the problems that should be paid attention to and the direction of development in the future.In the third part,the author puts forward some solutions that directed the dilemma of application and the factors affecting its application which referred in the second part.First of all,the most important issue to eliminate the reasonable doubt is to confirm the principle of the standard in practice.On this account,we can provide a reference standard and prevent the judge’s personal understanding of a problem affecting judicial justice.Secondly,through the analysis of the second part,we can see that there are no clear rules for the application of reasonable doubt and also lack of complete structure and internal logic on the legal level.The law should clear the specific procedure and requirements of the standard to guide the judge applying it rule-based.The fourth part introduces the safeguard mechanism to beyond reasonable doubt.As the standard of criminal proof,beyond reasonable doubt can not play a role by itself and it must be combined with other mechanisms to play its own advantages.
Keywords/Search Tags:Beyond Reasonable Doubt, Application Principle, Operating Rules, Safeguard Measures
PDF Full Text Request
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