Research On The Standard Of Proof In The Confession And Acceptance Of Punishment Case

There are always vigorous and novel discussion about the standard of proof in criminal procedure law studying,especially under the background of the reformation on system of confession and acceptance of punishment for lenience case.To analyze some problems about the standard of proof in confession and acceptance of punishment case,the first chapter of this article has made it clear that the confession and acceptance done by criminal defendant were the core elements in this kind of cases.And that is why confession and acceptance of punishment case is different from other kind of cases.Furthermore,the core element results in non-opposability as the essential feature of the confession and acceptance of punishment case.Influenced by this element and feature,litigation cognition that hold by subjects of litigation has been changed a lot.As a reflect,the standard of proof in confession and acceptance of punishment case has shown two main characteristics.One is that the scope of factum probandum is becoming wider and the other is that the procedure of finding facts of case is advancing.After comparing different opinions on the standard of proof in confession and acceptance of punishment case,this article pointed out that we shall consist single standard of proof and shall not lower it.Meanwhile,we shall realize that it has some features and we should improve the system of standard of proof in the future.Stipulating and applying the standard of proof rightly has some special meanings.It can help us finding facts of case by keeping the trail procedure strict,assuaging negative impact that the "trail-centered" principle may suffer and balancing each litigation subject.The second chapter made a comparative review about the standard of proof in foreign alike mechanisms.To solve problems dealing with the standard of proof,the United States,the Germany and the Italy have taken different attitudes and measures and they got different effects.In US the plea bargaining has been conducted and adopted as a tool of relieving pressure of justice resources in an earlier time.Through lots of precedents and adjustment of law,this mechanism has been improved a lot.Now judges do not need to find themselves "beyond a reasonable doubt" in guilty-plea cases and there are two different standards of proof in American criminal procedure.While Germany has recognized that the criminal negotiation,especially negotiation in trails is legal,lawmakers are still hold the point that judges shall burden the obligation of finding real facts of cases.The result is that this thought keeps Germany away from further reforms on this issue and has caused disobeying legal provisions injustice practice.Italy was aimed to revise the national criminal procedure law to transplant the plea-bargaining mechanism but it did not handle problems caused by lowing the standard of proof realistically.And in the end,this resulted in disunity of standard of proof under the whole criminal law procedure and brought hindrance to improving efficiency.The third chapter made a comprehensive analyzing about law provisions on the standard of proof in confession and acceptance of punishment case while the fourth chapter did an empirical research on an amount number of traffic accident crime case and theft crime case judgements.There are two main problems of standard of proof in confession and acceptance of punishment case.On the one hand,this issue is not stipulated well.Provisions about the standard are different among some regions and the confession and the acceptance are not defined in law which makes the hearing of it stays superficial.On the other hand,the standard of proof in our nation criminal procedure law is actually lowered in the trail of some confession and acceptance of punishment cases.It reflects that judicial organs are pursuing efficiency and despising circumstances for sentencing in this kind of cases.Finally,the fifth chapter pointed out that above problems could be solved by improving the system of the standard of proof step by step.We shall apply the standard of proof while separating current stage and future.At current stage,we shall insist the single standard of proof and leave enough spaces for reforms.It means that the confession and acceptance of punishment are also needed to be check in trail by applying the standard of proof.After law and procedure conditions were plenty,we should emphasize the voluntary,reality and legality of confession and acceptance and circumstances for sentencing in trails.By lowering the standard of proof,we may could make it possible to achieve a balance between justice and efficiency.