Research On The Standard Of Public Prosecution Proof Under The Doctrine Of Trial Center

18 by the fourth plenary session of the party on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision" clearly put forward the "promote the reform of trial centered lawsuit system,ensure that investigation,examination and prosecution of the case facts stand the test of legal evidence".Since then,about "the trial center doctrine" had a fierce discussion,issues related to the trial center doctrine means that the minor three organs in the division of responsibilities among ",cooperate with each other,restrict each other," the principle on the basis of centering on the " first " and " trial " centered,trial center doctrine lawsuit system reform brings new challenges to the prosecution to prove that work,the procuratorial organs must change the traditional pure " transmission " case,to strict censorship of evidence,from find out the facts to prove the facts.Our current "criminal procedural law" will have different stages of litigation proof standard for "clear criminal facts,evidence really,fully",but the legislation has been different opinions exist in the educational world,in fact,the trial center doctrine is not request the complete reunification of the "proof standard",but in the lawsuit function on the significance of standard of proof is analyzed.On trial center doctrine prove standard theory is mainly manifested in two aspects: put an end to the idea that investigation,examination and prosecution,and certificate of criterions for the conviction should be unified,namely unified said;The other view is that different stages of proof should be distinguished,that is,the theory of distinction.To distinguish the said certificate standard point of view,more in line with the functions of different stages of litigation differences in trial center doctrine lawsuit system reform background,the procuratorial organs shall strictly examine evidence materials,stick to the should stick to the prosecution to prove standard,object of proof to differentiate clearly,fully transferred to the evidence materials,resolutely exclusion of illegal evidence,to better help trial implementation of the essence.