| The Criminal Procedure Law incorporates the "exclusion of reasonable doubt" into China's certification standards,which fundamentally supplements and improves China's current certification standards system.However,"exclude reasonable doubt" as a long-term theoretical system in the Western legal system is quite mature,but it is a new thing for China's judicial practice.Judicial personnel's incomplete understanding of its own meaning is a problem on the one hand.It can not meet the flexible application of China's criminal legal system and judicial practice,but it is another problem.Therefore,we should combine its theoretical system with the background of China's judicial system to understand and apply it locally.In addition to the introduction and conclusion,this article is divided into four chapters,the content is as follows:The first chapter is the basic theory of the standard of criminal proof.This paper analyzes and explores the concept of proof standards.It is believed that the understanding of proof standards can be understood by referees and proof parties.It is recognized that proof standards are a form of evidence clarity and a state of inner conviction.Starting fromthe value basis of the standard theory of criminal proof,the two main theories in the theoretical world are described: objective truth and legal truth.They are discussed and compared.Finally,from the foreign domain system,the common law system and the civil law system are taken as examples to compare the differences and similarities of their respective criminal certification standards.The second chapter is the standard of criminal certification in China.Starting from the practice and theoretical development of China's criminal certification standards,the characteristics of the "proof and sufficient evidence" certification standards and their deficiencies are explained in turn,and then the introduction of the "exclusion of reasonable doubt" certification standards is analyzed.The relationship with the original certification standards is discussed in terms of its significance to the improvement of China's criminal certification standard system.The third chapter is the application of "exclude reasonable doubt" in judicial practice.Based on the above analysis of the meaning of "excluding reasonable doubt",it analyzes its practical application in combination with specific criminal cases,clarifies its characteristics and performance in practice,and provides new ideas and directions for better application of the standard.The fourth chapter is to improve the supporting judicial system.It discusses suggestions for the further development of the "exclude reasonable doubt" proof standard theory.It is necessary to improve the Chinese judicial system supporting it,including the work of publicizing the testimony of testimony documents,guaranteeing the independence of referees,and promoting the substantive reform of court trials. |
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