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证明标准问题一直是刑事诉讼法学中的热点,长期以来,学界也是对其争论不休,形成了诸多观点,其中影响较大就是“结论唯一”与“排除合理怀疑”这两种标准。新《刑事诉讼法》写入了“排除合理怀疑”这一标准,这无疑是刑事诉讼法的一个重大改革。本文将通过阐述“排除合理怀疑”的存在意义及其与“结论唯一”的关系,探究新刑诉法的证明标准。
Proof of standard has always been a hot topic in criminal procedure jurisprudence. For a long time, academic circles also debated endlessly and formed many views. Among them, the more influential ones are the two standards of “conclusion” and “excluding reasonable doubt” . The new Code of Criminal Procedure has written the standard of “excluding reasonable doubt”, which is undoubtedly a major reform of the Criminal Procedure Law. This article will explore the standard of proof of the new Criminal Procedure Law by elaborating the existential meaning of “excluding reasonable doubt” and its relationship with “the only one”.