从定罪的“证明标准”到定罪量刑的“证据标准”——新《刑事诉讼法》对定罪证明标准的丰富与发展

From “Proof Standard” of Conviction to “Evidence Standard” of Conviction and Sentence——Abundance and Development of Proof Standard of Conviction in the new “Criminal Procedural Law”

1996年刑事诉讼法只有定罪的证明标准,没有规定量刑的证明标准。多年来,理论界围绕定罪的证明标准展开热烈的讨论,实务界也进行了积极的探索。新《刑事诉讼法》首次对"证据确实、充分"从三个方面作出解释。本文认为该规定已从原来定罪的证明标准发展为定罪量刑的证据标准,是新《刑事诉讼法》对定罪证明标准的丰富与发展。

In the current Criminal Procedural Law in China, there is only proof standard of conviction, but no proof standard of sentence. In the past years, the theory field has been launching an ardent discussion on proof standard of conviction, and the practice field also has been making an active exploration. The new Criminal Pro- cedural Law gives an explanation of ＂accurate and sufficient evidence＂ from three aspects for the first time. This paper argues that this provision has already developed the former proof standard of conviction to the evidence standard of conviction and sentence. The new Criminal ProceduralLaw has made contributions to the development of proof standard of conviction.