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我国现行提起公诉的证明标准是犯罪事实清楚,证据确实、充分,依法应追究刑事责任。然而,这一要求过高,应调整为检察官认为有足够的证据证明被告人实施了犯罪行为,即控方单方认为证明达到了高度盖然性。同时,这应根据罪行的严重程度来掌握起诉证明标准的高低,对重罪案件,只要检察官有足够的理由说明被告人应当接受法庭审判,证据达到优势证据的标准,即可提起公诉。
The current proof standard of prosecution in our country is that the criminal facts are clear, the evidence is true and sufficient, and criminal responsibility should be investigated according to law. However, this requirement is too high and should be adjusted so that the Prosecutor believes there is sufficient evidence that the defendant has committed a criminal act, that is, the prosecution considers it unidentifiable to achieve a high degree of ingenuity. At the same time, this should be based on the severity of the crime to grasp the level of proof of prosecution, felony cases, as long as the prosecutor has sufficient reasons that the defendant should be tried by the court, the evidence to the advantage of evidence of the standard, you can bring a public prosecution.