Theoretical Practice And Practical Grasp Of "Evidence To Prove Criminal Facts"

Under the background of deepening the reform of the judicial system,the judicial responsibility system has been fully implemented,and the division of the arrest functions and the public prosecution functions within the procuratorial organs has become the focus of the academic and practical circles.Arrest,as the most severe criminal compulsory measure,is clearly different between the nature of the judgment right and the nature of the public prosecution.In terms of the proof standard,the law has clear provisions of the proof standard for prosecution,but the standard of proof for arrest is relatively vague,especially at the practical level.Appeal of case mode and judicial accountability mechanism has to some extent raised the arrest proof standards,make the criminal action proof system progressive relationship has weakened,so clarify the arrest standards for correct application of arrest measures,to accurately understand and grasp what is "evidence to prove criminal facts",and give full play to the progressive role of criminal action proof system is of great significance.This paper focuses on ordinary criminal cases that do not approve arrest,A random sample of 300 disapproval arrests covering common charges from 2018 to2021,20,The reasons,causes and evidence of the disapproving arrest were analyzed and sorted out,Based on preliminary studies on the current statistics,Focusing on the interpretation of the standard of arrest proof,off-domain experience investigation,empirical research,key points of evidence review and other aspects,Combined with the author’s procuratorial practice experience,Summarize the more specific proof criteria,In order to promote the perfection of the arrest proof standard in theory and practice,Explore an objective,reasonable and effective realization path.This article is mainly divided into five chapters.The first chapter interprets and analyzes "evidence to prove that there are criminal facts" as the proof criteria for arrest evidence conditions,expounds the background and significance of the selected topic,and sorts out the current research results and relevant foreign systems as research references,aiming to more clearly understand the problems existing in the existing proof standards for arrest evidence conditions,and lay the foundation for the discussion later.Starting from the second chapter,ordinary criminal cases that were not approved in the city were selected as the research objects,and 300 cases were randomly selected in sections,covering common charges,to ensure that the sample was universal and of both research value.Combined with the theory of criminal proceedings,evidence,proof rules of the current legal provisions of the arrest certificate standards,chapter two to "evidence proved criminal facts" from two aspects of legal interpretation and practical requirements,respectively explain the "evidence" and "criminal facts",control sample case combined with the entity law to analyze.The third chapter is with the same method to interpretate and analyse "there is evidence to prove that the criminal facts is the criminal suspect",from the perspective of criminal law to explain the meaning of "implementation",and with empirical analysis method of judicial practice cannot lock the criminal suspect implemented criminal behavior,to further explain the practice to grasp the standard.Chapter IV expounds the meaning of "the evidence of the criminal suspect has been verified",focusing on what is to "verify",how to "verify" and the judgment of "true" in judicial practice.At this point,the three layers of meaning of the arrest evidence conditions are explained by theory and practice.The fifth chapter is that the author combines the aforementioned analysis results,some practices in judicial practice,draws from the experience of the external detention system,explores the grasp of the conditions of arrest evidence,to a certain extent clear and detailed the existing legal interpretation,to make it more operational.The shortcomings of this paper are that due to the scarcity of data resources and the restrictions on the use of data,coupled with the city’s implementation of the principle of less catching and careful fishing,the volume of non-catch cases is too large,and the data used in the article is limited to some non-catch cases in three years,and it is temporarily impossible to make a comprehensive assessment based on the situation of non-catch in other regions.