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长期以来,“证据确实、充分”都是我国刑事证明标准,但是实践中暴露出诸多问题亟需解决,需要对证明标准进行完善。我国对于排除合理怀疑的争论由来已久,最终将其吸取到刑事诉讼的证明标准“证据确实、充分”之中,是我国刑事诉讼立法的进步。不容忽视的是应怎样保障实施排除合理怀疑这一证明标准,以及在其实施的过程中应注重哪些问题。
For a long time, “evidence is true and sufficient” are all criminal proof standards in our country. However, many problems exposed in practice are in urgent need of solution and the standards of proof need to be improved. Our country has a long history of debating the reasonable doubt and eventually drawing it to the standard of proof of criminal procedure “Evidence is true and sufficient ”, which is the progress of our criminal procedure legislation. It can not be ignored how to guarantee the implementation of the standard of proof to exclude reasonable doubt, and what problems should be paid attention to in the process of its implementation.