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Research On "Beyond A Reasonable Doubt" Proof Standard In New Criminal Procedure Law

Posted on:2018-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330512495876Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Beyond a reasonable doubt" standard is the new standard of proof in criminal procedure law of China in 2012.From the initial attempt of the local judiciary authorities to the later revision of the new law into the criminal code,from the single law code of the criminal procedure law to the introduction of different judicial interpretations,this standard of proof has gone through years of construction and practice.Besides the preamble and introduction,this thesis is divided into four chapters.The first chapter first examines the process of legalization of beyond a reasonable doubt standard in China.The theoretical circle of our country learns from the academic thoughts of Anglo-American evidence law.Besides,the need of judicial practice in reality and the frequent appearance of miscarriages both prompted the introduction of beyond a reasonable doubt standard to our country.The path of sinicization of the beyond a reasonable doubt standard originated in the local evidence legislation and finally entered the criminal code in 2012 with the help of the highest level of justice.The second chapter focuses on normative analysis.Combined with the main theories of the current theoretical circle,the author,based on the text norm,analyzes the norms of the law concerning beyond a reasonable doubt,and gives clear concepts about the location,the stage of application,objects and the case scope of beyond a reasonable doubt standard in the context of China.Meanwhile,this part summarizes the present situation of the standard of proof of death penalty in our country.Its main purpose is to provide normative support for the subsequent case analysis through normative analysis.The third chapter is the core chapter of this thesis.In the form of case study,it deeply analyzes the proof thoughts of judges in the process of hearing the death penalty and reveals the key position of the traditional "verification" proof model in capital conviction.The judges follow the traditional proof model to understand the new standard of "beyond a reasonable doubt".The author also empirically studies the factors that affect the sentence of death cases.Finally,based on the case analysis,It points out the feasibility and rationality of using the criminal Verification and Inference to interpreting the beyond a reasonable doubt standard,in order to find the objective proof rule for it.The fourth chapter is to give some opinions about the application of the beyond a reasonable doubt standard in the death penalty cases.To prevent the occurrence of miscarriage in the death penalty,the author believes that we should strictly control the "bottom line" of the proof standard in the death penalty,instead of blindly pursuing "upper limit" of proof standards.We should also prevent the appearance of "suspect" judgment due to the lack of incriminating evidence.The beyond a reasonable doubt standard can not be applied in isolation.In order to strictly control the standard of proof in death penalty cases,it is necessary to formulate supporting measures and improve the quality of judicial personnel.In addition to that,perfecting the rules of evidence such as the exclusion of illegal evidence,and ensuring the accuracy of moral conviction of the judicial personnel are of great importance.
Keywords/Search Tags:Death Penalty, Beyond a Reasonable Doubt, Verification
PDF Full Text Request
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