The Study Of Proof In The Criminal Subjective Components

Substantive criminal law itself to achieve the function, need a way to help people torealize it. This way is the criminal procedure law. Only after criminal proceedings,criminal suspects can be "transformed into" criminals, and he or she can be punished. It isin this way that substantive law's function can be implemented, which is to punish crimein order to make people have a stable life.This paper mainly introduces the proof of the criminal subjective components,whichis not only the critical problem that the criminal procedure contributes to realize thefunction of substantive criminal law, but the most difficult problem in the procedurerealizing this function of the substantive criminal law. According to the principle of theunity of subjective and objective, a perpetrator is convicted and punished when he or shegoes against the criminal in the both of subjective and objective. Among them, the proofof wether the perpetrator has the possibility of censure without he or she confesses isgenerally acknowledged in academic circles. At present we have three methods withsolving the criminal subjective proof. That is the presumption of the form, the shift of theburden of proof and the proof of using the evidence. The author uses the methods ofcomparative study and crossover study in this paper,sorts out and analyzes systematicallythe advantages and limitations of above three methods respectively to solve the objectiveproof. At the same time,the author agrees with the conception that using the evidenceto solve the problem of the objective proof is the most basic and most fundamental way.In the third part of the paper,the author focuses on the reason of selecting the way ofusing the evidence to prove this subjective components and the way of using the evidenceto prove the subjective components, and analyzes the proof mechanism in the provingsubjective components process. At the same time, the author is intended to explore in thespecific method of proof,such as the proof idea, the study of the traces of the criminalpsychology, and the polygraph, thereby this paper offers to more feasible methods andways in using the evidence to prove the subjective components.