论我国证明标准之“排除合理怀疑”的理解与适用

On The Understanding and Application of “Excluding Reasonable Suspicion” in China Proving Standard

排除合理怀疑刑事证明标准是英美法系刑事诉讼中的重要制度,认为合理怀疑应该是根据人们普遍接受的常识和经验推导出来的,当法官可以排尽合理的怀疑时,才能定罪判刑。我国刑事诉讼法的证明标准是"犯罪事实清楚,证据确实、充分",由于其固有的缺陷以及"排除合理怀疑"的优势,促使这一证明标准在我国的立法、司法实践中得以体现和运用,应理解这一证明标准的内涵及研究在司法实践中使之发挥最好的效果。

To exclude a reasonable suspicion of the criminal proof standard is an important system in the criminal procedure of Anglo-American legal system. It is considered that reasonable doubt should be deduced from common sense and experience. When a judge can exclude all reasonable doubt, he can be convicted and sentenced. In China the standard of proof in Criminal Procedure Law requires that＂the criminal facts are clear, the evidence is reliable and sufficient＂, because of its inherent defect and advantage of＂beyond reasonable doubt＂, which embodied by the legislative and judicial practice and promote the standard of proof in China, we should understand the connotation and research the standard of proof in the judicial practice to make the best effect.