我国刑事诉讼证明标准问题研究.pdfVIP

Abstract The questions about the standards of proof are always present in the criminal proceedings. Any parties of the criminal justice use the different standards of proof to assert their rights in different process such as: investigation, the prosecution, conviction and sentencing of a series of lawsuits and other activities 。Criminal standards of proof are not rich in legal theory and philosophy principle, but also closely linked with the judicial practice 。Research on Standards of Proof of criminal proceedings has both theoretical value and great practical significance. The full text introduces the conception and characteristics of Criminal standards of proof, and points out that it has hierarchy, scale an practicability; then analyzes the statues of the applying of criminal standard of proof in China. On one hand, the text introduces and analyzes two preventative doctrines about criminal standards of proof standard, objective true and The legal true and analyzes the disputes between two different theories of the theoretical. On the other hand, the text analyzes the exits problems of the applying of criminal standard of proof in China . The last part points out that the reconstruction of Chinas criminal standard of proof should follow a fair balance between litigation and litigation efficiency, combining subjective and objective, taking into account the principles of the ideal and the reality. The suggestion of the expression of Criminal standards of proof, the multi-levels standards system and apply different standard on basis of different criminal procedural and different object of proof. Keywords ：Criminal procedure; Standard