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排除合理怀疑产生于西方世界对宗教与知识的思考,是错误定罪的灵魂恐惧与认知局限的现实反思交互作用的结果。早期的排除合理怀疑作为一种非普遍性的规则在美国的各州渐进发展,陪审制度的现实需要催生了定义的兴起,“道德确信”的定义曾在19世纪备受推崇。伴随着定义的发展,排除合理怀疑最终成为联邦宪法的一部分。然而,经历了辉煌巅峰期的排除合理怀疑在定义之争的浪潮中逐渐走向衰落,美国联邦最高法院对定义的否定性评价使其站在了命运的十字路口。以美国排除合理怀疑标准的发展趋势和学界回应为借鉴,我国排除合理怀疑标准的完善应率先在制度体系的视角下审视诸如无罪推定、不得强迫自证其罪和传闻证据规则等配套制度的构建路径,同时对合理怀疑的特征、性质做出妥当的界定,并在此基础上探讨合理怀疑的排除路径和裁判方式。
Excluding the reasonable suspicion that arises from the thinking of religion and knowledge in the western world is the result of a realistic reflection interaction between the soul’s fear of false conviction and cognitive limitations. Early exclusion of reasonable doubt as a non-universal rule progressed in all states of the United States, and the real need for a jury system has given birth to the rise of definitions. The definition of “moral conviction” was highly regarded in the nineteenth century. With the development of definitions, the removal of reasonable doubt eventually became part of the federal constitution. However, after experiencing a glorious peak, the exclusion of reasonable suspicions gradually declined in the tide of definitional dispute. The negative evaluation of the definition by the US Supreme Court made it stand at the crossroads of fate. Taking the development trend of the United States excluding reasonable doubt standards and the academic response as its reference, our country should take the lead in perfecting the standard of reasonable doubt from the perspective of the system of law to examine such supporting systems as presumption of innocence, not forcing self-incrimination and hearsay rules At the same time, we should properly define the characteristics and nature of the reasonable suspicion, and on this basis, we will explore the ways of excluding the reasonable doubt and the way of adjudication.