论刑事诉讼证明标准--兼及一则典型个案之解析

我国刑事诉讼证明标准理论上存在客观真实与法律真实之争,二者都是在认识论角度论证,因此应引入价值论分析方法.国外存在客观的"排除合理怀疑"和主观的"内心确信"的证明标准,二者相互依存,相互渗透.在具体界定我国"证据确实充分"的证明标准时,应当根据所要证明的罪行轻重,适用不同的证明标准.

On Standard of Proof in Criminal Proceedings--And an Analysis on a Typical Case

This essay analyzes that the theoretical debate of the standard of proof in criminal procedure starts from the angle of epistemology, be it objectively true or legally true. Thus, it is suggested the analytical means of axiology be employed. Whilst the evidence must, in the objective way, be proved beyond any reasonable doubt and, in the subjective way, be adopted as evidence through the judge's inner conviction in western countries, the standard of proof in China is that the evidence must be sufficient and irrefutable. The author holds the viewpoint that such a standard of proof should not be simply applied in every single case; and different standards of proof should be adopted according to the severity of different crimes.