提起公诉的证明标准新释

长期以来,法学界普遍认为,我国公诉证明标准是”案件事实清楚,证据确实充分”。这一标准过于抽象化、客观化和理想化,已不适应刑事诉讼制度的改革,需要对新刑诉法第141条进行重新认识。比较而言,国外的公诉证明标准低于有罪判决的证明标准,且更具可操作性。我们宜吸收国外证明标准的合理因素,确立“证据清楚有说服力、预期可予定罪”的公诉证明标准。

The New Explanation of the Evidential Standard for Criminal Public Prosecution

For a long time, in the law circle of our country, there has been a general theory that the evidential standard to prosecute is that "the case facts are clear, and the evidences are sure and sufficient". This standard is too abstract, too objective and too ideal. It also does not meet the need of the criminal procedural system reform, so we are in need of re-understanding the article 141 of criminal procedural law. In contrast to the Chinese evidential standard, the foreign evidential standard for criminal public prosecution is lower than evidential standard for conviction and so it is more operable. Therefore, we should adopt the reasonable factors of foreign evidential standard and establish the evidential standard of "clear and convincing evidence and realistic prospect of conviction" in China.