刑事诉讼证明标准失灵及其矫治-failure of standards of proof in criminal proceedings and its correction.docx

AbstractThe criminal procedure is actually a process that the prosecution collect evidence to prove the crime,the defense answer the charge according to the proof standard,and the judge determine the case facts and the criminal liability of accused. In this process,the proof standard plays an important guidance role to the parties in evidence collection, determination and application,especially to the public organization. Once the proof standard loses binding force to the investigative organization, forensics can not achieve an objective, comprehensive and legal requirements, as a result,the burden of proof on the prosecution can not be completed to meet the requirements of the standard of proof. If it loses the binding of the fact finder, fact-finding activities will be like a runaway horse that loses its rein, the fairness of the conviction and sentencing of a factual basis will be lost. Failure of the standard of proof in criminal proceedings will not only be unconducive to the fight against crime , but also to the protection of human rights.Researching the proper role that the criminal standard of proof plays on the investigation, the review of arrest, the prosecution and the trial activities (ie., the binding of the criminal standard of proof), revealing the performance that criminal standard of proof does not play due binding on these proceedings(ie.,the failure of proof standard),and then analyzing the reasons,it will be helpful to make the standard more feasible, finally,finding out the way of playing binding.All these above will ensue the the correctness of the facts found and achieve the purpose of combating crime and the protection of human rights in equal attention.In addition to the introduction of this article , the paper is divided into four parts , about four thousand words .The first part of the study the concept ,the under and the performance of criminal standard of proof binding.The so-called binding criminal standard of proof,is the standard of p