Legal Research On The Establishment Of Differentiated Certification Standards For Guilty And Punishing Cases

The standard of proof is always the core of the criminal procedure,which occupies a prominent position in the evidence system.Since greater confessed forfeit system implemented in China,the exploring speed cutting procedures,simple procedure,orderly,and simplified ordinary procedure diversion system of multi-level lawsuit system have more achievements,for the improvement of litigation efficiency,optimize the distribution of judicial resources,timely to realize fairness and justice has important significance to promote the reform of the judicial system of target.However,although China has made lenient,simple and fast handling provisions for the cases of light penalty in admission of guilty plea,and simplified the procedure,it has not set the application of the standard of proof in the litigation in line with the reality,and the disadvantages of the unified standard of legal proof are increasingly prominent in the simplified trial procedure.At present,there are still many different viewpoints and tendencies in the theoretical and practical circles on the establishment of the standard of proof in the case of guilty admission and punishment.Is to fully adhere to the provisions of our criminal procedure law of the statutory standards of proof not the slightest consultation,or through the distinction between the procedures and methods of proof to reduce the standards of proof,has not yet formed a unified and clear opinion.Looking abroad,"plea bargain" system of Anglo-American law system and continental law system countries "in accordance with the client request to apply punishment procedure" and "confessed consultation system",it will also by different degree of the standard of proof to reduce and simplify the procedure,improve the efficiency of criminal judicial proceedings to resolve the increasing number and tension of the contradiction between judicial resources.The original intention of China's lenient admission system is also to alleviate the urgent situation of the current few cases and the imbalance in the allocation of criminal justice resources,and to encourage the truly guilty defendants to voluntarily confess,so as to promote the complex and simple distribution of cases to achieve good social governance and repair.The author pleaded guilty in comparative study outside consultation system,learn to learn from its applicable certificate standard problem based on the experience and lessons,think can distinguish by building a macro on the charge weight and type of case,case and criterions for the conviction of facts,the procedure on the differentiation of proving standard system,implement case and simplified shunt,the objectives of the reform of the judicial resource allocation optimization.At the same time improve the system of confession examination as to substance,the duty lawyer and other supporting measures to guarantee being prosecuted people confess voluntarily,authenticity and legal rights,effectively avoid implement differentiation proof standard in criminal proceedings brought by the potential risk of misjudged cases,finally seek a fair,efficiency of give attention to two or morethings to adapt to our country present greater confessed forfeit system standard is proved to be reasonable path.