刑事诉讼证明标准之思考

Thinking on the Standard of Proof in the Crime Lawsuit

证明标准是《证据法》中的一个基本问题,它不仅涉及相关的诉讼理论和原则,而且与诉讼实践紧密相连。本文探讨了英美法系、大陆法系国家刑事诉讼证明标准,反思与检讨了我国刑事诉讼法所确立的证明标准,并提出了改进的建议。

The standard of proof is a basic problem in an Evidence Act,it not merely involves relevant lawsuit theories and principles,meanwhile,it is closely linked to the lawsuit practice and has extremely important meanings.This text probes into Anglo-American law system,continental law system, national standard of proof in the crime lawsuit.It also reviews and examines the identification standard that the Criminal Procedure Law of our country has established and puts forward the suggestion of improving it.