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Research on China’s Criminal Standard

Author: GaoBin
Tutor: HuChangLong
School: Shandong University
Course: Legal
Keywords: Standard of proof Beyond a reasonable doubt Objective and true
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 183
Quote: 0
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Abstract


The criminal standard of proof is an important issue in the Law of Evidence, it is not only involved in litigation related to the theory and principles, also closely linked with the litigation practice, and has a very important significance. Common law countries, criminal proceedings will be \Criminal standard of proof for civil law countries can be summarized as \Heart convinced that the standard is not any proof, the judge, but to ask a judge to determine the evidence based on his personal freedom of belief and. Two Legal representation of the criminal standard of proof is different, but they have a clear identity, both in essence is the same. Two Schools criminal standard of proof as a summary of the human experience in Criminal prove activities, China has. Our traditional doctrine on the criminal standard of proof is \With the continuous development of the legal system of litigation, the traditional Law of Evidence in the \six parts: the first chapter, the concept and connotation of the standard of proof in criminal proceedings, and a comparative analysis of its relationship with the adjacent areas between the second chapter, the analysis of the value of the criminal standard of proof, including aspects of procedural justice and substantive justice, protection of human rights and protection of the effectiveness of the proceedings. Comparative Study of Two Schools of Criminal Identification Standard, and summarize the criminal standard of proof reference Chapter presents and analyzes the current theoretical circles Criminal Identification Standard two representative doctrine, that the objective truth \chapter reflection and review of the current Criminal Identification Standard unreasonable factors the reference Chapter Two Schools on the standard of proof in criminal proceedings of research results, combined with the Standard of Proof in Criminal Procedure practical and theoretical study of the status quo, reconstruction Standard of Proof in Criminal Procedure preliminary ideas I learn from the research of the two legal systems, reconstruction of the standard of proof in criminal proceedings, is the only way for the modernization of the criminal proceedings.

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