论英美法系“排除合理怀疑”证明制度

On the Anglo-American Law "Beyond Reasonable Doubt" System

作为英美法系长期积累而逐步形成的刑事诉讼证明标准,排除合理怀疑有着丰富而又饱受争议的内涵。要全面的理解该证明标准,就要从其适用主体、排除对象、理论依据和程序性、实体性措施保障等方面进行分析。对英美法系传统意义上的排除合理怀疑与我国相关规定的必要区分,有利于准确把握其在诉讼证明中的合理内涵,也为我国证明标准的构建完善打下坚实的基础。

The standard of proof in criminal proceedings as a common law system, and gradually form a long-term accumulation, beyond a reasonable doubt has a rich and highly controversial connotations. To fully understand the standard of proof would be applicable from the body, remove the object, the theoretical basis for analysis and procedural, substantive measures to protect and so on. Beyond a reasonable doubt of the need to distinguish between the relevant provisions of the common law system in the traditional sense, is conducive to accu-rately grasp its connotation in proving reasonable litigation, but also lay a solid foundation for building a sound standard of proof.