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Research On Beyond Reasonable Doubt

Posted on:2018-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2346330566456784Subject:Law
Abstract/Summary:PDF Full Text Request
“Beyond reasonable doubt” standard of proof has been formally confirmed in Article195 and article 53 of Criminal Procedure Law of the People's Republic of China(revised in 2012).Being confirmed firstly in England in the background of jury system,“beyond reasonable doubt” has long been the standard of proof of Criminal Procedure in common law,which matches to other legal systems.Confirming “beyond reasonable doubt” as the standard of proof in Criminal Procedure,our nation is being faced a series issues,such as how to explain this standard,how to judge facts and evidences are up to this standard in specific cases,as well as how to establish procedural safeguard mechanism in procedure.Through the discussion and research on the issues arise in the case of Chen Chuanjun,this paper clarifies the connation of “beyond reasonable doubt” standard,does a research on how to judge facts and evidences are up to this standard from the aspects of evidence rules and the process of evidence evaluation made by the judge.This paper also put forward some suggestions of procedural mechanism to make sure that the facts and evidences are up to the standard of proof in cases of guilty verdict,especially capital cases.This five-chapter article plans to solve three main issues as follows:The first issue is the connation of “beyond reasonable doubt” standard in China's context.The second issue is how to judge evidences are up to this standard from the aspect of evidence rules.The third issue is how to make sure that the facts and evidences are up to the standard of proof in cases of guilty verdict.From focuses of dispute in the case of Chen Chuanjun,this paper does a research on the “beyond reasonable doubt” standard of proof,which can make contributions to reduce erroneous judgments in the practice of criminal justice,especially the capital cases which lacks direct proofs.
Keywords/Search Tags:standard of proof, beyond reasonable doubt, sufficient evidence, free evaluation of evidence
PDF Full Text Request
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