论刑事诉讼定罪证明标准:以“排除合理怀疑“为视角（英文）

日期:19-06-19 来源: 作者:admin

摘要(Abstract)：

Revised in 2012,the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the Criminal Procedure Law of China)specified the meaning of"clear and sufficient evidence"in article 53 and added the provision of"beyond reasonable doubt"as a subjective explanation for the standard of proof for conviction in China’s criminal justice,i.e."the facts are clear and evidence is clear and sufficient"."Beyond reasonable doubt"is the standard of proof for conviction in the

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作者(Author): 杨宇冠;

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参考文献(References)：

1 CHEN GUANGZHONG,EVIDENCE LAW,at 352(Law Press China,2011)
2 The nine“levels of proof”listed in American textbook are as follows:first,absolute certainty which does not require for any legal purpose.Second,beyond reasonable doubt needed for conviction in a criminal case.Third,clear and convincing evidence needed for certain civil judgments,and for denial of bail in capital punishment case in some jurisdictions.Fourth,the preponderance of evidence needed for judgment in civil cases and for affirmative criminal defenses.Fifth,probable cause needed for issuance of warrants,arrests and search and seizure without warrant,filing of indictments and information,revocation of probation and parole,and the making of a citizen’s arrest.Sixth,reasonable belief needed for“shop and frisk”.Seventh,reasonable doubt which is sufficient for acquittal of accused.Eighth,suspicion needed to commence an investigation.Ninth,no information which is not sufficient for any legal purpose.See ROLANDODEL CARMEN,CRIMINAL PROCEDURE AND EVIDENCE,at 22(Harcourt Brace Jvanovich,Inc.,1978).
3 Horowitz&Kirkpatrick,A Concept in Search of a Definition:The Effects of Reasonable Doubt Instructions on Certainty of Guilt Standards and Jury Verdict,20(6)Law and Human Behavior(1996).
4 Holland v.United States,the Federal Supreme Court said that explaining the“beyond reasonable doubt”cannot help jurors form a clearer understanding on the concept of“reasonable doubt”,see Holland v.United States,348 U.S.121(1954).
5 Victor v.Nebraska,114 S.Ct.,at 1251(1994).
6 The so-called system of the statutory evidence refers to the system that the law regulates in advance the probative force and judgment criteria of all kinds of evidence,then the judge shall strictly abide by the these rules and does not have the discretion.The judge’s duty of considering the evidence is just like a balance that can increase and decrease evidence automatically.The basic rules of system of the statutory evidence includes:first,the judgment shall be rendered if there is a complete proof;second,the judgment shall not be rendered if there is not a complete proof;third,the best complete proof is two reliable witnesses,whose common content of testimony is a conclusive proof to find defendant guilty or innocent;fourth,no matter how reliable,a witness testimony can only constitute half proof,and it itself is never enough as a basis for the judgment;fifth,if there is another half proof in addition to the testimony of witnesses,including the confession obtained through the torture,the record in the merchant’s account,the oath for the honesty or the allegation of a party and the hearsay evidence or reputation evidence which can prove the first half of the evidence,it is sufficient to serve as the basis for the judgment;sixth,any two half-proofs together can constitute a complete proof;seventh,other evidence can constitute a quarter or one-eighth of the proof;two or four corresponding evidence can be equal to half of the proof.See SHEN DEYONG,CRIMINAL EVIDENCE SYSTEM AND THEORY,at 45-46(Law Press China,2002).
7 PHOENIX INFORMATION:DO YOU ACCEPT THE PRICE OF THE“NO PUNISHMENT IN DOUBTFUL CASES”?at http://news.ifeng.com/a/20170224/50730851_0.shtml(Last visited on May 23,2017).
8 NETEASE NEWS:SUSPECTS OF THE CASE OF THE FEMALE CORPSE IN BEIJING WEST RAILWAY STATIONCONFESSED TO RAPE AND MURDER BUT WAS ACQUITTED,at http://news.163.com/17/0224/19/CE2JPS770001899O.html(Last visited on May 23,2017).
9 Human Rights Committee is a treaty body set up according to this Covenant,which is composed of individual experts.It should be a body that independently exercises the functions of supervision of the Convention.
(10)UNITED NATIONS HUMAN RIGHTS COMMITTEE GENERAL COMMENT NO.32,PARA.30,at http://hrlibrary.umn.edu/gencomm/hrcom32.html(Last visited on May 23,2017).
(11)SAFEGUARDS GUARANTEEING PROTECTION OF THE RIGHTS OF THOSE FACING THE DEATH PENALTY,at http://hrlibrary.umn.edu/instree/i8sgpr.htm(Last visited on May 23,2017).
(12)Shen Deyong,Discussion on Promoting the Reform of Litigation System Centered on Judgment,3 China Legal Science(2015).
(13)Id.

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