The Establishment Of "Beyond Reasonable Doubt" In Anglo-American Law-History,Philosophy And Analyse

"Beyond reasonable doubt" is the standard of conviction in the Anglo-American law.In 2012,China’s Criminal procedure Law,while reserving the original standard of evidence,introduced the standard of beyond reasonable doubt as an important condition of "evidence is true and sufficient".Although this introduction has a deep theoretical background and practical needs,this open-mindedness of reference also reflects the progress of the legislative concept of our country’s legislators.However,the transplantation of laws is a complex system engineering.In order to better apply this "imported" system,it is necessary to conduct a more thorough and comprehensive study on the rich legal connotation represented by the system.The purpose of this paper is to trace back the origin,establishment and development of this standard,to discuss the social and cultural background and historical motivation behind it,and to explore its original intention,connotation,value,rationality and the challenges it faces.With a view to its reasonable positioning in the current era to find a reason.This paper consists of four parts.The first part discusses the historical evolution of the standard of guilty proof.Firstly,it discusses the concept and characteristics of the standard.This is the basis for the study of the criterion of "Beyond a reasonable doubt".Then it introduces the historical evolution of the standard of proof of guilt in detail,and finally discusses the emergence and establishment of the standard of"beyond reasonable doubt" in common law countries,and probes into the historical reasons for the formation of this standard.The second part mainly analyzes the definition of "beyond reasonable doubt" and how to grasp the connotation of this standard.In this part,we can understand the different opinions and practices of the standard of "beyond reasonable doubt" in the theory and practice of common law countries and the basic characteristics of this standard.The third part is to discuss the theoretical basis of eliminating reasonable doubt in Anglo-American legal system countries,starting from three angles of religious foundation,epistemology and economic analysis.To a large extent,religion determines that the original intention of this standard is to appear as a moral comfort procedure,and epistemology provides a scientific theoretical source for the criterion beyond reasonable doubt.Economic analysis is to explore the practicability and operability of this standard.The fourth part is to summarize the rationality and challenge of the standard,which aims to provide the theoretical soil for the application of this standard in our country.