Research On The Judicial Applicatiian Of The "Beyond A Reasonable Doubt" Standard

The National People’s Congress make some changes to the Criminal Procedure Law in the year of 2012,“beyond a reasonable” appears in our country’s official legislative document as the legal proof standard for the first time,This is beneficial for the use of evidence and to perfect our criminal proof standard.Therefore,it is necessary to study the standard of "reasonable doubt" in the context of China’s new criminal law.Therefore,it is necessary to study the standard of "beyond a reasonable" in the context of China’s new criminal law,Because it can not only solve the difficulty that the original proof standard is difficult to grasp in the criminal trial,Improve the quality of handling cases in criminal cases,To a certain extent,it can prevent or reduce the occurrence of wrong cases.In addition to the conclusion,there are four parts in this paper.Firstly,this paper introduce the classic case and analyze its controversial focus to clarify the theme of this paper;Secondly,it analyzes the connotation of “beyond a reasonable doubt” standard of proof and its position in the new criminal procedure law of our country,Clarifying the standard of proof is not an independent standard of proof,but an interpretation of the standard of proof of a conviction and its also an evaluation of the validity and sufficiency of the evidence,indicating that the reasonable doubts that focus on the evidence in a criminal case,It is the essence of the standard of proof to “beyond a reasonable doubt”.Thirdly,this paper disscussed the application of the standard of “beyond a reasonable doubt” thoroughly.Whether it is a capital case or an ordinary criminal case,the standard of beyond a reasonable doubt should be the one to be applied at the trial stage,Instead of the standard of proof in the investigation stage and the examination of the prosecution stage,it can evaluate and judge all evidences and the overall facts of one case,it can also judge the specific facts in dispute in one case.Finally,from two angles,the paper probes into the application of the standard of excluding reasonable doubt in practice.When applying the standard,the judges should pay attention to the role of peoples assessors,and make the judgment documents public.At the same time,new requirements were made for the prosecution to examine the evidence and cross-examine the evidence.