An Analysis of the Proof Standard in the Criminal Procedure
Dan Peng
Abstract
Dan Peng
Abstract
At present, controversy on the issue that whether the proof standard should be objective truth or legal truth exists in the criminal procedure. This thesis discusses this issue from three angles of epistemology, value tropism and actual analysis, and tries to make out the conclusion that the long - terra dominant objective truth is not that reasonable in many aspects while the legal truth accords with not only the fundamental theory of the dialect material epistemology but also the present requirement of dominant procedural value in our country. Thus, the author advocates that legal truth be the proof standard on criminal procedure.
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At present, controversy on the issue that whether the proof standard should be objective truth or legal truth exists in the criminal procedure. This thesis discusses this issue from three angles of epistemology, value tropism and actual analysis, and tries to make out the conclusion that the long - terra dominant objective truth is not that reasonable in many aspects while the legal truth accords with not only the fundamental theory of the dialect material epistemology but also the present requirement of dominant procedural value in our country. Thus, the author advocates that legal truth be the proof standard on criminal procedure.
Key concepts: Value (mathematics), Epistemology, Truth value, Criminal procedure, Burden of proof, Pragmatic theory of truth, Law, Law and economics