Research On The Standard Of Proof In The Criminal Retrial Procedure

Under the guidance of the Community Party's basic strategy of ruling the country by law,a new round of judicial reform is being carried out."Building a trial-centered litigation system"is one of the most concerned topics at present."The Opinions on Promoting the Reform of the Trial-Centered Criminal Litigation System"issued by the"Two Supremes and Three Departments"and the"Implementation Opinions of the Supreme People's Court on the Comprehensive Promotion of the Trial-Centered Criminal Litigation System Reform"issued by the Supreme Court require perfection of the various proceedings of criminal procedural systems,and require adjudicating according to law and improving the situation of using the evidence-judging doctrine to prevent the occurrence of wrongful cases.As an important part of the criminal evidence system,the criminal standard of proof has important value and significance for promoting the"trial-centered criminal litigation system reform".With regard to the special issue of the standard of proof in criminal retrial procedure,the stipulations in the Criminal Procedure Law are relatively fragmented and inaccurate,so it needs to be interpreted and reconstructed theoretically.This paper will discuss the standard of proof in criminal retrial procedure,and intends to carry out a more comprehensive and accurate interpretation of this kind of standard of proof.Specifically,this paper consists of four parts:The first part is about the basic issues of the standard of proof of criminal retrial procedure.Firstly,this paper summarizes the concept and identification of criminal standard of proof,and then introduces the function of the criminal standard of proof.Finally,the paper introduces the classification of the standard of proof in criminal retrial procedure.The second part is about the standard of proof of the initiation of the criminal retrial procedure.Firstly,this paper will make relevant interpretations on the standard of proof of domestic and international criminal retrial starting procedure,and then make relevant interpretation on the theoretical issues involved in the criminal retrial starting procedure.Finally,the perfection of the standard of proof of China's criminal retrial starting procedure is proposed.The third part is about the standard of proof of the wrongful judgment in criminal retrial procedure.Firstly,this paper will make relevant interpretations on the standard of proof of domestic and international criminal wrongful judgment,and then defines the scope of criminal wrongful judgment.The criminal wrongful judgment is divided into two categories,and this paper is focusing on the application of the standard of proof favorable to the defendant.Finally,the improvement for the standard of proof of the wrongful judgment in China's criminal retrial procedure is proposed.The fourth part is about the standard of proof of the reversed judgment in criminal retrial procedure.Firstly,the paper introduces and interprets the situations of the standard of proof of the reversed judgment in domestic and foreign criminal retrial procedure,and then discusses the relationship between the original judgement and the reversed judgement.Finally,the perfection for the standard of proof of the reversed judgment in criminal retrial procedure is proposed.This paper argues that the criminal retrial procedure is an independent and complete procedure compared to the procedure for making the original judgement:from the initiation of the criminal retrial procedure to the examination of the specific case to the final retrial judgment,it is necessary to use the standard of proof to finding the facts and promoting the whole procedure.In the process,there are actually two cognitive processes,that is,the process of evaluating the original judgment,equal to the process of realizing the existence of the wrongful judgement and the process of making reversed judgment.The application of the standard of proofs of these two processes reflects the progressive characteristic.From the standard of proof of criminal starting procedure to the standard of proof of wrongful judgment,and from the standard of proof of criminal starting procedure to the standard of proof of making reversedjudgement,all of them are progressive and are in the process of approximating the proof standard of conviction in the criminal procedure.The application of the standard of proof is highly instrumental,but it should also reflect the protection of human rights in its own settings.