An Empirical Study On The Application Of The Standard Of Proof Beyond Reasonable Doubt

First appeared in our country and the use of "beyond a reasonable doubt" is the judicial organs of Jiang Su province issued regulations,after enter the formal law of our country,to become part of our country points,then as the proof standards in the judicial operation of continuous exploration and practice,and developed the corresponding judicial interpretation,to further improve its applicable effect,to the operation of criminal justice in our country especially profound impact.First of all,it has stronger initiative,leaving wide discretionary space for case investigators.Secondly,it is more operable."Beyond a reasonable doubt",makes its content more abundant and specific,and makes the proceedings more perfect.Thirdly,the means of proof of case facts and evidence are more diversified.In the past,the means of criminal proof in China lay more emphasis on the objective level of demonstration,but after the introduction of "beyond reasonable doubt",the objective level and the subjective level are taken into account,and the subjective and objective way of proof is adopted.However,"beyond a reasonable doubt" originated from the common law system.After it was introduced into China,there were no specific and clear regulations on its connotation and application.It leads to certain problems in the judicial operation process.The author takes "beyond reasonable doubt" as the key word to collect relevant cases on the Chinese Judicial Document Network,and finds that the standard has the following problems in the judicial operation by inducting:First,it is lack of substance.In judicial practice,some investigators usually didn’t do a lot of subjective aspects of the thinking and logical reasoning,and simply to use the rhetoric has been established in the course of handling the case,will directly come to the conclusion that can or can’t beyond a reasonable doubt;While the other part of the case handling personnel,although also carried out a certain degree of subjective thinking and logical argument,but from the overall level of reasoning,it is still not clear,in the process of the argument of which evidence is reasonable and which evidence is not reasonable;As well as the reason that can or cannot exclude the "suspicion" is not deep enough,the reason for whether the defendant constitutes a crime is not thorough enough,and there are ambiguous situations in the application process.The second is the lack of rigor.Since the specific connotation of "reasonable doubt" was not clearly defined when the standard of proof was introduced in China at that time,it is easy to lead to certain deviations in the understanding of the specific case handling personnel in the judicial operation process.Judicial practice for the judgment of the "beyond a reasonable doubt",doubt whether a "reasonable" and can be"out" judgment often vary from person to person and even follow one’s inclinations,so the referee is the result of the existence of the corresponding different connection with the given situation.The third is the identity.Types of criminal cases in China has a lot of,also divides the different stages of litigation,but our country criminal proof standard is only one,that is to say,all types of cases and all litigation stage,is only for one set of criminal proof standard,extensive and not scientific,does not conform to the general judicial cognition.To this,I through the way of empirical research,combined with the examples in the judicial practice,in-depth investigation,summarizes the application of the "beyond a reasonable doubt" standard,appeared in the process of the judicial operation,in order to make the standard in the judicial operation effect in the further.One is to crystallize the meaning of "reasonable" and "doubtful".So that the case handling personnel can understand and apply;the second is to establish a multi-level system of proof standards.Differentiated and hierarchical standards of proof should be adopted in all types of cases and proceedings,and on this basis,the ability to apply"beyond reasonable doubt" in judicial operation should be improved.Third,the trial process of the judges should be completed independently.Only in this way can we ensure that judges can fully make a reasonable judgment on the basis of comprehensive trial of the whole case.Fourth,continue to strengthen the essence of the trial.The materialization of evidence presentation,cross-examination and certification will strengthen the appearance of witness and appraiser in court,stimulate the positive role of court debate,and then give full play to the practical effect of the standard of "beyond reasonable doubt" in the substantive trial.