论刑事证明标准及其层次性

在刑事诉讼中，由于诉讼阶段不同，认识的层次和阶段任务有所差异，这就决定了在不同的刑事诉讼阶段应适用不同的证明标准；同时，由于证明责任机理的存在，控方与被告方所负的证明责任或举证责任的性质不同，导致对控、辩双方所适用的证明标准有所差异。另外，从诉讼效率及保护人权出发，对于不同的证明对象也应适用不同的证明标准。本文在考察国外立法例以及对相关原理进行分析的基础上，对我国证明标准的多元化和层次性进行了探讨，并提出了相应的立法建议。

On the Tests of Criminal Proving and Their Order

Because there are different stages in the criminal procedure and each stage has its own tasks, the standard of proof should also be of vareties. Additionally, according to the principle of the burden of proof, the responsibilities of producing evidence and burden of proof are different between the prosecutor and the accused, and these differences lead to a different stand of burden of proof What's more, the efficiency of the procedure and the pro- tection for the human rights also require a variety of standard of proof applying to a variety of objects that axe to be testified. This article is based on the reviewing of foreign legislatures and the analysis of their rationale, and its purport is to discuss the diversity and administrative levels of the standard of roof in china, as well as to give some suggestions to the legislature.