新刑事诉讼法排除合理怀疑规定评述

摘要

In The Decision on Modifying the Criminal Procedure Law of the People’ s Republic of China, new adjust-ments had been made to the criminal proof standard in China , and one of the adjustments was to add ‘beyond reasona-ble doubt ’ in the criminal procedure law , marking a significant progress in the understanding of the criminal proof standard .The practice of ‘beyond reasonable doubt ’ has been existing in China ’ s judicial practice for a long time , however , it was not brought into the frame of law until this time where new modifications were made to the criminal procedure law .The term‘beyond reasonable doubt ’ under Chinese criminal proof standard , should have its Chinese interpretation which is different from the Anglo-American law .When applied in China , there may be large numbers of problems.In terms of that, solutions should be proposed under the law frame of China .%《关于修改枙中华人民共和国刑事诉讼法枛的决定》对刑事证明标准做出了调整，将“排除合理怀疑”写入刑事诉讼法，这是我国对刑事证明标准的理解取得的巨大进步。排除合理怀疑的做法在我国司法实践中早就存在，只是本次刑诉法修改才将其纳入法律规定的框架内。我国证明标准下的“排除合理怀疑”应该有不同于英美的中国式解读，对于其在我国适用时可能出现的问题，也应在我国法律框架下提出解决方案。