Substantive law's Response to the Difficulty in Criminal Proving
The establishment and application of substantive criminal law should consider the difficulty in proving in criminal procedure,the criminal law should implement the principle of practicality and assume the function of reducing the burden of procedure.Therefore,the typed basic facts under the rules of criminal presumption can replace the elements of the facts to be proved;the identification of objective punishment conditions that do not violate the principle of responsibility can be used to reduce the burden of proof;there is a standard-ized hierarchical relationship between the blocking constituent elements and the basic constituent elements.The former can be applied independently or when the latter is difficult to prove;the general constituent ele-ments are the suspension punishments of specific constituent elements,which should only be used when the criminal facts of the specific constituent elements are difficult to prove.The criterion of suspension punish-ments carry out the principle of leniency of doubt,so it does not violate the principle of presumption of inno-cence.The substantive law should avoid excessive criminalization when deals with the difficulty in proving.The establishment and interpretation of the criminal law should still adhere to the principle of proportionality,focus on the need of punishment of the act,adhere to the principle of responsibility,stick to the principle of equivalence between intentional and negligence,and prohibit improper interpretation of lowering the standard of proof.
Difficulty in ProvingCriminal PresumptionObjective Punishment ConditionsBlocking Constituent ElementsSuspension Punishments
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