Font Size: a A A

Research On The Proof Standard Of Cases With Guilty Plea

Posted on:2019-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2416330566486744Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Confession cases refer to the criminal procedure before trial or trial,the criminal suspect or defendant voluntary confession crime according to the facts and the accused's case,there is no objection on the fact that both pleaded guilty to forfeit their case,also including pleaded guilty but not forfeit their cases.The proof of the standard is the proof of conviction and sentencing.To meet the standards is to be guilty.There is no so-called "proof standard" in the pretrial stage,but only a kind of "evidence requirement" that should be achieved.There are two kinds of claims about the standard of proof of guilty plea.One advocates insisting on the legal standard of proof,while the other advocates lowering the standard of proof in confession cases.For the purpose of safeguarding judicial justice and preventing wrong cases,safeguarding the rights of suspects and defendants,improving the efficiency of litigation and saving judicial resources.In the case of confession,we should still adhere to the legal standard of proof that "case facts are clear,the evidence is true and sufficient".However,the standard of proof of confession has its particularity.A confession is the biggest difference between a guilty plea and a non-guilty plea.Confession of guilt,on the one hand,simplifies the procedure,on the other hand,reduces the difficulty of proof.In the case of a confession,the judge found out the facts of the case around the confession,ruled out reasonable doubt,and finally reached the true and sufficient standard.Because of the existence of confession of guilt,the legal standard of proof in the case of confession is mainly based on the following factors: first,confession of guilt is understand,voluntary and authentic.With the confession of guilt,the focus of the evidence examination should be changed to the examination of the clarity,voluntariness and authenticity of the confession in order to meet the criteria of the authenticity and adequacy of the evidence.Second,the voluntary and the authenticity of the confession need to be supplemented and verified by oral confession.Third,the existence of confession makes it easier for the judge to be beyond a reasonable doubt.
Keywords/Search Tags:Confession, Proof Standard, Oral Confession, Eliminating Reasonable Doubt
PDF Full Text Request
Related items