Study On The Standard Of Proof In Guilt-admission Case

The system of guilty admission and punishment has been developed from the initial pilot to the formal legislation in China,mainly for the purpose of further improving the efficiency of criminal proceedings on the basis of ensuring justice.However,the standard of proof has always been a major difficulty in China's legal field.The standard of proof of guilty admission and punishment cases is often separated from the practice of criminal proceedings in China.At present,China's legal scholars mainly hold two theoretical points of view,that is,the standard of proof is legal and the standard of proof is reduced.Many scholars disagree on what standard of proof should be applied in a case.Using the theory of literature analysis on the two opposite views has carried on the analysis and evaluation,and combines the American plea bargaining system and the actual characteristics of German criminal consultation system,summarizes the pros and cons of lower the standard of proof,draw a single argument prove standard already can not be well meet the need of criminal judicial proceedings in our country,put forward in the plea forfeit their case differentiation level can be layered to apply standard of proof.By using comparative analysis,it is concluded that the construction of differential proof standard needs to match with different trial procedures,which vary according to whether the trial procedures are simplified or not.As long as the standard of proof for quick sentencing can meet the "two basic",can be convicted and sentenced.The standard of proof of summary procedure can also be moderately loose,and can be appropriately lower than "beyond reasonable doubt".Moreover,due to the reduced trial process,the judge only has a formal trial in the trial process,so the strict proof should be completely eliminated.The main characteristics of cases applying ordinary procedure are difficulty,complexity and bad social influence.Using case analysis to analyze the key to guarantee the differential proof standard is to pay attention to the role of confession and further improve the protection of the rights of the parties.