两大法系刑事证明标准与无罪判决率之间的相关性分析

Analysis of the Correlation between the Criminal Proof Standards and the Rates of Innocence in the Two Legal Systems

通说认为,在刑事诉讼中英美法系的证明标准是排除合理怀疑,大陆法系的证明标准是内心确信。前者是一种证伪标准,后者是一种证实标准。基于科学逻辑中证伪与证实难易程度的不同,似乎表明证明标准是两大法系无罪判决率殊同的原因。但是,通过证明标准模型的比较分析,英美法系的"搭积木模型"与大陆法系的"准拔河模型"虽然形式不同,但是实质相同,证明标准不是影响两大法系无罪判决率的因素。

It is generally believed that the standard of proof in the in the common law system in criminal proceedings is to beyond reasonable doubt,and the standard of proof in the civil law system is intimate conviction.The former is a standard of falsification,the latter is a standard of verification.Based on the difference in the difficulty of falsification and verification in scientific logic,it seems to indicate that the standard of proof is the reason why the two legal systems have different rates of innocence.However,through the comparative analysis of model of standard of proof,the"building block model"of the common law system is formally different from the"quasi tug-of-war model"of the civil law system,but the essence is the same.The proof standard is not a factor that affects two legal system’s rates of innocence.