On The Standard Of Criminal Proof

Criminal proof standard in the criminal procedure law is not a clear concept,but a judgment which is evidence of evaluation measure of the case,the scale of the criminal proof standard is ruled that the evidence.The theory of criminal proof criterion is the embodiment of the procedural law of criminal procedure law.With the constant revision of the criminal procedure law,the theory about the standard of criminal proof is becoming more and more perfect.At the same time,as in a criminal trial,more and more attention of procedural justice,judicial staff also pay more and more attention to evidence the adoption of the program is legal,more and more attention to application the judicial practice of the theory of criminal proof standard.This article will through "hainan Huang Guguang case","liaoning province named a,shandong so-and-so in production and sales of poisonous and harmful food" two case,this paper elaborates systematically the development of the theory of criminal proof standard in our country,and analysis of the criminal procedure law of our country criminal proof standard is what problem,finally to explore how to use new technology to criminal proof standard is more clear,systems and concrete.The shortcomings of our country's criminal proof standard legislation include: mixed subjective and objective standards,uncertain stages and imperfect rules of criminal evidence.The dilemma in judicial practice is reflected in the fact that the pretrial investigation organ and the examination and prosecution organ do not understand the criminal proof standard deeply,and the trial "beyond reasonable doubt" is useless.In order to solve these problems,we should further improve the theoretical system of criminal proof standards,draw on the extraterritorial criminal proof standards in legislation,clarify the subjective and objective standards,clarify the stages of criminal proof standards,and improve the rules of criminal evidence.In judicial practice,it is necessary to improve the quality of judicial personnel,deepen the understanding of criminal proof standards among investigating and prosecuting authorities,further safeguard the independence of judicial power,further improve the professional guarantee system for judges,ensure the application of criminal proof standards,and finally explore the perfect method of criminal proof standards in our country through the research and application of new scientific and technological means.