提起公诉的证据标准探讨

本文介绍了世界各主要国家采用的两种起诉证据标准 ,在此基础上对两者的立法意图及主要特点进行归纳总结 ,分析比较其共同点及区别 ,得出了起诉证据标准与诉讼模式及各国法律文化历史传统紧密相关 ,并由其决定 ,但应该低于有罪判决的证据标准这一结论。鉴于当今世界两大法系不同诉讼模式之间相互融合、吸收 ,取长补短这一趋势 ,两种起诉证据标准之间的界线也日渐模糊 ,呈现出融合的趋势。通过考察我国现行刑事诉讼法规定的起诉证据标准的现状 ,分析其利弊 ,认为必须重构我国的起诉证据标准 ,结合我国国情 ,兼采两种起诉证据标准 ,取其之长 ,补其之短 ,并提出了具体的改革建议。

On the Evidence Standard of Prosecution

This thesis introduces two kinds of evidence standards of prosecution adopted by the primary countries in the world. On that basis, through summing up the legislative intentions and primary characteristics behind these two standards, analyzing and comparing the common ground and the differences between them, a conclusion has been educed, that is, the evidence standard of prosecution adopted by a country correlates closely with this country's procedure model and legal culture tradition, even more determined by the latter, but anyhow it should stand below the evidence standard of conviction. Due to the gradual incorporate trend between the different procedure models of the two law systems, the borderline between these two standards has become vague gradually. After reviewing China's current evidence standard of prosecution stated by the Criminal Procedural Law, analyzing its advantages and disadvantages, it is deemed that our evidence standard of prosecution must be reconstructed. And then, considering the situation of our country, using the two evidence standards above-mentioned for reference, a concrete reformational advice has been brought forward.