不兼容的排除合理怀疑

中国大陆与英美法系诸国拥有截然不同的刑事程序,导向不同的认知过程。证明标准之用语是此种区别的反映。新修订的刑事诉讼法却将'排除合理怀疑'作为证据确实充分的标准之一,这至少是立法技术的失误,实践中恐生龃龉。

Criminal procedures between China and those countries under common law system are very deferent,leading to different cognition processes.The terms of the standard of proof are reflections of such a distinction.However*the newly revised Criminal Procedure Law shift beyond reasonable doubt as one of the criteria of evidence is reliable and sufficient.This at least is legislative lapse and may cause discord in practice.