Research On The Applicaition Of The Standard Of Proof Of“Beyond Rasonable Doubt”

In 2012,the criminal procedure law increased the conditions of "excluding reasonable doubt" to the standard of criminal proof in China,which means that the standard of proof of criminal conviction in China has changed from objectivism to the combination of subjective and objective.At present,there is no unified understanding of "excluding reasonable doubt" in the standard of criminal proof.In the process of judicial application,there are some problems.The definition of "excluding reasonable doubt" is vague.There is no unified standard for the definition of reasonable doubt,and there is no corresponding standard for how to exclude it.Secondly,there are no corresponding norms for the applicable stage,scope and scope of "excluding reasonable doubt" There are some disputes on the applicable objects,mainly including whether to apply "eliminate reasonable doubt" uniformly in different litigation stages,whether there are differences in the application in different litigation stages,whether the application of ordinary cases and death penalty cases should be different,whether the application standards of guilty plea and punishment cases(including criminal cases applying summary and quick adjudication procedures)should be reduced,etc Question.By studying and judging some cases,this paper analyzes the attitude towards the application of "excluding reasonable doubt" in the cases,objectively analyzes the problems existing in the application,and seeks solutions to the problems in the practice of proof standards.In our criminal procedure law,"excluding reasonable doubt" is different from the standard of criminal proof in the common law countries outside China.In our country,"excluding reasonable doubt" can be regarded as the auxiliary standard of proof.In view of the problems in the application of "excluding reasonable doubt",we can make clear the position of "excluding reasonable doubt" from the concretion of "excluding reasonable doubt",and the condition of "excluding reasonable doubt" as the standard of proof in China.Although we have detailed the standard of subjective aspect,it is not a standard of proof alone,nor is it parallel with the standard of evidence’s authenticity and sufficiency Secondly,it is necessary to build a multi-level application system to clarify the application in different stages of litigation and the scope of application;thirdly,it is necessary to improve the evidence system norms,improve the judicial trial mechanism and other aspects to make it more operational,in order to better achieve judicial justice.