| 英文摘要 |
Revised in 2012, the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the Criminal Procedure Law of China) specified the meaning of 'clear and sufficient evidence' in article 53 and added the provision of 'beyond reasonable doubt' as a subjective explanation for the standard of proof for conviction in China's criminal justice, i.e. 'the facts are clear and evidence is clear and sufficient'. 'Beyond reasonable doubt' is the standard of proof for conviction in the criminal procedure of the Anglo-American legal system which is required to prove the defendant guilty. It is considered the highest one in proof levels, rather than a component of the standard of others, such as 'clear facts and indeed evidence'. In China's criminal procedure all standards of proof required for investigation, prosecution, and conviction are the same, which is literally expressed as 'the facts are clear and evidence is clear and sufficient'. It may give raise to a dispute over the consistency of proof standard, then create disturbance in specific judicial operation. The standard of conviction is related to the protection of individual rights and realization of the national jurisdiction, as well as the legal justices, hence it is necessary to make an in-depth study on the concept of 'beyond reasonable doubt'. |
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