新刑事诉讼法排除合理怀疑规定评述

On Beyond Reasonable Doubt in the New Criminal Procedure Law

《关于修改〈中华人民共和国刑事诉讼法〉的决定》对刑事证明标准做出了调整,将"排除合理怀疑"写入刑事诉讼法,这是我国对刑事证明标准的理解取得的巨大进步。排除合理怀疑的做法在我国司法实践中早就存在,只是本次刑诉法修改才将其纳入法律规定的框架内。我国证明标准下的"排除合理怀疑"应该有不同于英美的中国式解读,对于其在我国适用时可能出现的问题,也应在我国法律框架下提出解决方案。

In The Decision on Modifying the Criminal merits had been made to the criminal proof standard in ble doubt＇ in the criminal procedure law, marking a standard. The practice of ＇beyond reasonable doubt＇ Procedure Law of the People＇s Republic of China, new adjust- China, and one of the adjustments was to add ＇ beyond reasona- significant progress in the understanding of the criminal proof has been existing in China＇ s judicial practice for a long time,however, it was not brought into the frame of law until this time where new modifications were made to the criminal procedure law. The term ＇ beyond reasonable doubt＇ under Chinese criminal proof standard, should have its Chinese interpretation which is different from the Anglo-American law. When applied in China, there may be large numbers of problems. In terms of that, solutions should be proposed under the law flame of China.