论文部分内容阅读
公诉证明标准是刑事诉讼中的一个重要问题,也是一项技术性很强的实务内容。如何理解与把握这一问题,直接影响到刑事诉讼的两大价值即保障人权和打击犯罪的平衡。我国现行公诉证明标准完全等同于法院有罪判决证明标准,不符合证明标准的阶段性、层次性特点,存在诸多弊端,应重新构建。公诉证明标准在宏观设置上应适当降低,在具体内容设置上应界定为“排除合理怀疑为主,完全的确定性和高度盖然性为辅”。
The standard of proof of prosecution is an important issue in criminal proceedings and also a highly technical substantive content. How to understand and grasp this issue directly affects the two major values of criminal procedure, that is, the protection of human rights and the fight against crime. The current standard of prosecution in our country is exactly the same as the standard of proof of court conviction and does not conform to the stage and level characteristics of the standard of proof. There are many drawbacks and should be reconstructed. The standard of proof of prosecution should be appropriately reduced in the macro setting, and should be defined as “excluding reasonable suspicion, complete certainty and high degree of probabilisticness” on the specific content setting.