论文部分内容阅读
对比中外提起公诉证明标准 ,我国现行提起公诉的证明标准过高 ,应定位为检察官认为有足够的证据证明被告人实施了犯罪行为 ,即控方单方认为证明达到了高度概然性 ,就可提起公诉。同时 ,还应根据罪行的严重程度来掌握起诉证明标准的高低 ,对重罪案件 ,只要检察官认为有足够的理由相信被告人应当接受法庭审判 ,即证据达到优势证据的标准 ,便可提起公诉
Compared with the standard of prosecution in both China and other countries, the existing standard of prosecution in our country is too high. It should be positioned as the prosecutor’s opinion that there is enough evidence to prove that the defendant has committed a criminal act, that is, the prosecution considers that the proof has reached a high degree of generality. Prosecute. At the same time, the level of the standard of proof of prosecution should be grasped according to the seriousness of the crimes. In case of felony crime, prosecutors may prosecute if they think there are sufficient reasons to believe that the accused should be subject to court trial, that is, the evidence has reached the superiority evidence