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The Perspective Of The New Criminal Procedural Law Of Public Prosecution Proof Standard

Posted on:2017-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhengFull Text:PDF
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Criminal procedure law provisions of the criminal litigation proof standard has always been a problem in the judicial practice in our country,the judiciary is difficult to grasp the important and difficult in work.The revised criminal procedure law for the first time the expression of beyond a reasonable doubt is introduced into our country’s criminal proof standard,new points from three aspects to our country to prove standard made than the previous several procedural law the provisions of the detailed cause of great theory and practice to explore,fruitful research results.How to understand the new points of proof standard,how to grasp the certificate standard in judicial practice problems of application of the need for us to solve them.This article makes every effort in the current Chinese criminal procedure law perspective and context,the points of law clear the case facts,evidence really fully",beyond a reasonable doubt"certificate of standard important meaning understanding of expression statements,shall be applicable to the analysis of existing problems,and when to study and master its applicable method.Structure of this paper is divided into four chapters,besides preface and conclusion,the main content of the paper is as follows:the first chapter is about the legal category of "concept of criminal proof standard overview".Core content in this chapter mainly discusses the concept of "criminal proof standard",this part the author from the certificate standard concept as the breakthrough point,by discussing "criminal proof","certificate" and”prove" and the relationship between inner link,draw conclusive definition.The second chapter is about the concept and connotation of criminal proof standard research in China".This part tries to from the perspective of social philosophy and social law from two aspects,from simple to complex,from basic to deep philosophical analysis research methods,from the basic concept of criminal proof standard,the basic legal theory and its historical origin and formation reasons and multi-angle research aspects of the criminal to prove the principle of relativity of the lawsuit activity,at the same time the article also discusses the principle of relativity with the objective of internal relation between criminal proof standard.The third chapter "the criminal lawsuit of our country the practice of”beyond a reasonable doubt“proof standard application".This part is mainly on the criminal litigation proof standard at present is how to apply in judicial case precedent and practice how to apply certificate standard are analyzed and studied.Through many years practice of public prosecution work,author analyzes the actual application situation and effect criminal proof standard.The fourth chapter "the perfection of criminal proof standard in China.This part from the study of criminal proof standard in China has always advocated by the target and value judgment standard is of criminal proof standard should be layered,namely,investigation,prosecution,trial three stages of litigation.In addition,this part also discusses deeply the criminal proof standard periodic and gradation of legal theory basis,and to explore the extraterritorial legislation and judicial practice of criminal proof standard hierarchy on the basis of legislation,to perfect the criminal litigation proof standard in Chinese present actual and have practical ideas and Suggestions.
Keywords/Search Tags:Criminal proof, Standard of criminal proof, Reasonable doubt Really full, Facts are clear
PDF Full Text Request
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