2002•Journal of Zhejiang University(Humanities and Social Sciences)Requires access
The Realistic Choice of Standard of Proof in Criminal Procedure:Mixed Standard
Fang Ruan
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Abstract
There are two opposite viewpoints on standard of proof in criminal procedure: the objective truth doctrine and the legal truth doctrine. Both viewpoints fail to wholly grasp the double phases and attributes of proof in criminal procedure and so are unilateral. The standard based on objective truth is the most ideal standard of proof. However, the present conditions in China are not good enough for us to adopt the standard solely based on objective truth. It seems that the realistic choice is to adopt the mixed standard based on both objective truth and legal truth. Since the transformation is bound to occur from legal truth to objective truth, we should make efforts to gradually accomplish the transition from the mixed standard to the standard solely based on objective truth.