Understanding And Application Research On "Beyond A Reasonable Doubt"

"Beyond reasonable doubt" is the standard of proof in China's criminal procedure.It distinguishes crime from non-crime,and its correct understanding and application are related to whether the aim of striking a dynamic balance between crime and human rights can be truly realized in criminal procedure.In the judicial practice of criminal action in our country,however,the understanding of "beyond a reasonable doubt" and applicable still exist many problems,mainly including the trial subject of "beyond a reasonable doubt" standard is not clear,so that more casual,and scope of chaos "beyond a reasonable doubt",also included in the written judgment on the reason of "beyond a reasonable doubt",etc.Therefore,it is necessary to make further research on the understanding and application of "beyond reasonable doubt".First,"reasonable doubt" is divided into "reasonable" and "doubt",which are interpreted from the subjective and objective perspectives respectively,so as to clarify what kind of doubt should be excluded in judicial practice.Second,according to the elements of a "reasonable suspicion" clear "beyond a reasonable doubt" requirements and to achieve the standard,the entire case evidence to support each other,no doubt to the facts of a crime,in line with the logic and experience,and the judges inner for certain criterions for the conviction,the final conclusion with uniqueness and exclusiveness,and the subjective and objective unity,stand is push and push examination.Third,according to the understanding of "beyond reasonable doubt" and the dialectical unity between it and "evidence is definite and sufficient",it provides guidance for judges to judge whether a case meets the standard of proof in judicial practice.Then,on the basis of a comprehensive understanding of "beyond reasonable doubt",the scope of its application is clarified.The innovation of "the theory of appropriateness" unifies its scope of application,clarifies the rights and responsibilities of various organs in criminal proceedings,and enhances the enthusiasm of the three organs in criminal proceedings.Finally,in order to ensure that "beyond reasonable doubt" can be fully and normatively applied in the judicial practice of criminal procedure,it is necessary to strengthen the reasoning of "beyond reasonable doubt" in the judgment documents,and to unify and clearly regulate the understanding and application of "beyond reasonable doubt".Only in this way can the program be concluded and the name be justified.In addition,in judicial practice,judges make their psychological evidence process specific and visible in thejudgment documents,providing a way for internal and external supervision,and improving the transparency of criminal trials.At the same time,the discretion of judicial personnel must be fully guaranteed,which is an important means and way to realize the balance of individual cases and guarantee the substantive justice under the unified environment.