A Study on the Standard of Proof of Sentencing Facts in China Criminal Law

초록

The two major legal systems are required to meet the same standard of proof as the conviction of the criminal case of a heavier amount of criminal punishment and aggravated punishment, but the standard of proof for the sinful facts is not the same. The standard of proof of sinful facts is closely related to the subject of the burden of proof of sinful facts, and is also directly influenced by the judicial concept. The Chinese Criminal Procedure Law does not establish the standard of proof of difference. Although the Guiding Opinions on Sentencing Procedures have stipulated the standard of evidence for the superiority of evidence of sin, it is also a short-lived one. The subsequent normative documents have not confirmed the above view. The mainstream view of China's theoretical circles favors the standard of proof for the differentiation of quantitative criminals, but the specific design is not consistent. In the judicial practice, the extent to which the court’s proof of the light criminal case of crime should be grasped is also inconsistent. The standard of proof of the crime of sin and weight should reach the same standard of proof as the conviction, which is more in line with the litigation tradition of our country.

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