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The Pluralism of the Standard of Proof in Criminal Proceedings

Author: MaHuiMin
Tutor: ZhouBaoFeng；LiJianPing
School: Inner Mongolia University
Course: Legal
Keywords: the standard of proof of the criminal procedural law pluralism legal truth beyond reasonable doubt
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 49
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Abstract


The standard of proof in criminal proceedings, means that in criminal proceedings the level what we need to reach when we use the proof to prove the facts which need to be proved. The determination of the standard of proof directly impacts on the operation of litigation practice. So the standard of proof which is accurate and practical has great significance to the right and fair trial and the decision of the matter. To establish the standard of proof which is operable, according with the rule of the law proceeding, realizing justice furthest is the important precondition to the realization of the proceeding aim.We should take examples from the pluralism of the standard of proof of the countries under the rule of law reasonably, to establish the standard of proof which is pluralistic and meeting the actual conditions of our country. First, different procedural stages should set up different standards of proof:use "has reasonable criminal suspect "as the standard of proof of filing a criminal case, use" has reasonable reason" as the standard of proof of criminal detention,and use "has definite and enough reason" as the standard of proof of review and prosecution. In the trial stage we should set up "beyond reasonable doubt" as the standard of proof of the ordinary guilty verdict, and set up "free from doubt" as the standard of proof of the death penalty case,while set up "high probability" as the standard of proof of the cases tried from summary proceeding. Also for the different burden of evidence undertakers we should set up different standards of proof, and set up different standards of proof for different objects of proof.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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