论“排除合理怀疑”标准之确立及实践

On the Establishment and Practice of the Standard of"Beyond Reasonable Doubt"

“排除合理怀疑”这一证明标准伴随着陪审团制度的发展而逐步确立,同时受到宗教道德神学、近代哲学认识论以及庭审模式变革等众多因素的影响。尽管该证明标准在普通法系国家已经有很长的历史,但对其是否应进行解释以及如何解释一直存有争论。我国于2012年将该标准写入刑事诉讼法,为了保证其在我国刑事司法实践的正确适用,避免冤假错案的发生,提高司法的公信力,应采取提供指导案例、提升法官职业素质、提高证人的出庭率等措施,以保证“排除合理怀疑”的证明标准在我国行稳致远。

The standard of proof"beyond reasonable doubt"was gradually established along with the development of the jury system,which was influenced by many factors such as religious moral theology modern philosophical epistemology,and the reform of trial mode.Although the standard of proof has a long history in common law countries,there are always debates on whether and how to interpret it.In 2012,this standard was written into the Criminal Procedure Law in China.In order to ensure its correct application in China's criminal judicial practice,avoid the occurrence of miscarriages of justice,and improve the judicial credibility,we should publish guiding cases,improve the professional quality of judges,improve the attendance rate of witnesses and other measures to ensure that the standard of proof"beyond reasonable doubt"will be stable and sustainable in our country.