论文部分内容阅读
刑事证明标准是指在诉讼中承担证明责任的主体运用证据证明案件事实所要达到的法律要求的程度。我国目前的刑事证明标准采用“一元制”标准,即要求在诉讼各个阶段相关证据对待证事实都要达到客观真实的标准,而正是这种过分强调客观性的做法在司法实践中引发了一系列的问题。本文通过对我国刑事证明标准的现状进行研究,在借鉴他国规定的基础上,对我国刑事诉讼证明应当构建的具体标准作了分析探讨,尝试对证明标准体系提出合理化的建议。
The standard of criminal proof refers to the extent to which the subject that assumes the burden of proof in the lawsuit proves the legal requirements to be met by the facts of the case. At present, the standard of criminal proof in our country adopts the standard of “unitary system”, that is, it requires that the relevant evidence in each phase of litigation should be subject to objective and true standards, and it is this kind of practice that emphasizes objectivity excessively which is triggered in judicial practice A series of questions. Based on the study of the present conditions of criminal certification standards in our country, this paper analyzes and discusses the concrete standards that should be constructed in our country for criminal procedure certification, and attempts to put forward reasonable suggestions to the certification standard system.