Study On Proof Standard Of Cases With Leniency On Admission Of Guilty And Acceptance Of Punishment In China

The proof standard is the core problem in the field of proof.As a controversial issue in the world,it has not been settled.Since the implementation of the system of imposing lenient punishment on the pleading guilty and accepting punishment in China,the issue of the standard of proof has aroused hot discussion again.The disadvantages of the setting of single certification standard are highlighted in the new trial procedure.The reconstruction of the proof standard in cases with leniency on admission of guilty and acceptance of punishment has become the key to the implementation of this system.Through in-depth analysis of the possibility and significance of establishing a systematic proof standard,it is feasible to demonstrate the establishment of systematic proof standards.The possibility of elaboration is mainly elaborated from three aspects.Firstly,in judicial practice,a lot of practical experience has been accumulated for the preliminary exploration of establishing systematic certification standard.Secondly,the current diversified trial procedures are consistent with the construction of systematic certification standards,so that the value of each procedure can be fully displayed;Finally,the full coverage system of lawyers' defense provides a guarantee for the construction of systematic certification standards.The interpretation of the significance is mainly carried out from three aspects.The construction of systematic standard of proof can improve the flexibility of the litigation mechanism,protect the rights of the parties,and balance justice and efficiency.combining with the three different trial procedures applicable to the leniency case of guilty plea,this thesis proposes that three different trial procedures should be applied to different proof standards so as to give play to the unique value of different trial procedures in the leniency system of guilty plea.At the same time,the connotations of and the reasons for choosing this three different standard of proof are detailed in order to realize systematic construction of the proof standard in cases with leniency on admission of guilty and acceptance of punishment in China.