英美法系排除合理怀疑的借鉴与运用——以江西“精彩生活”非法传销特大经济犯罪案件为例

Reference and Application of Beyond Reasonable Doubt in Anglo-American Law System:Taking Jiangxi Extremely Large Economic Crime Case of “Better Life” Illegal Pyramid Selling as the Example

探索借鉴英美法系排除合理怀疑对中国司法实践的运用,将英美法系排除合理怀疑引入经济犯罪刑事证明标准体系,应当坚持无罪推定原则不动摇和贯彻证据裁判原则,坚持主观与客观、建构与解构的有机统一,坚持将犯罪的全部构成要件作为评价载体和适用对象为全案证据。

In the exploration of the application of beyond reasonable doubt in the Anglo-American law system to Chinese juridical practice, if the beyond reasonable doubt is introduced into the criminal proof standard system of economic crime, it is necessary to adhere to the principle of beyond reasonable doubt and implement the evidence judging principle, to stick to the organic unity between subjectivity and objectivity and between construction and deconstruction, and insist on taking all the elements of the crime as the evaluation carrier and the suitable objects as the evidences of the case.