On The Regulated Proof Model In China′s Criminal Proceedings

Proof model means the basic way or method of achieving the purpose of procedural proof in litigation,in other words,how to meet the standard of proof for judicial cases in litigious activities to realize the purpose of procedural proof.There are three basic models of proof in the history of human development.The first is proof of divinity,which means the judgment is made based on certain phenomenon that is caused by particular behavior and attributed to the will of God;the second is model of regulated proof,or model of stipulated proof,which means the judgment is made by comparing the weight of all kinds of evidence that is stipulated in law in advance;the third is the model of free conviction,in which the weight of evidence is decided by the judge in comprehensive consideration of the cases rather than stipulated in law.In China,the proof model in criminal procedures is different from the latter two,which is called the model of corroboration in theory.This model shares some characteristics of regulated proof and also embraces some elements of free conviction.In the practice of Chinese criminal procedures,the evidence of typical crimes,such as traffic offences,intentional homicide,forcible rape,kidnapping by force,offence of robbery,larceny,embezzlement and bribery,all have features of regulated proof.