排除合理怀疑及其中国适用

Beyond Reasonable Doubt and Its Application in China

排除合理怀疑作为有罪判决的证明标准,起源、发展于英、美,且为其他国家和国际公约所吸收和确认。排除合理怀疑的涵义在西方国家存在争议,是否适用于死刑案件更面临质疑与挑战。排除合理怀疑为我国2012年修改的刑事诉讼法典所规定,具有突破性意义,但这只是对原有证明标准的补充完善;其统一适用于所有刑事案件;我国对排除合理怀疑的理解不能简单套用西方国家的主流解释,而应努力实现认定案件事实符合客观真相的要求,对案件的主要事实的证明达到确定性的程度。为保障排除合理怀疑的有效运用,还应当坚持以审判为中心,探索贯彻直接言词原则。

Beyond Reasonable Doubt is used in criminal cases as a rule by which the judge （or jury） weighs the persuasiveness of the evidence presented during a trial. Beyond Reasonable Doubt originated and developed from England and the United States, and was finally accepted by other countries and international con- ventions. In western countries, there is still disagreement on how to define the term Beyond Reasonable Doubt which led academia and practical circle to propose different alternative explications. In recent years, this standard was questioned whether it should apply in death penalty cases. In China, the standard of proof Beyond Rea- sonable Doubt was adopted by the new criminal procedure law in 2012. In Chinese context ,Beyond Reasonable Doubt is used to explain the vital part of standard of proof, ＂the sufficiency and reliability of evidence＂ ,which should be applied in all criminal cases uniformly. In order to make the judgment meet the objective fact, the term of Beyond Reasonable Doubt could not be defined in western countries＇ way, and should be defined as re- quiring the key facts of the case be proven definitely. The proceedings should be trial - centric, and the princi- ples of immediacy and orality should be established.