The Problems and Solutions of Applying the'beyond Reasonable Doubt'Standard of Proof in Doubtful Non-prosecution——A Study Based on the Practice of Procuratorial Organ in L City,Province S,from 2019 to 2023
In 2012,China's Criminal Procedure Law introduced the standard of proof of'beyond reasonable doubt'and stipulated that it shall be the standard of proof at all stages of litigation investigation,prosecution and trial.The applica-tion of'beyond reasonable doubt'at the stage of prosecution is a key issue in relation to prosecution and non-prosecution,but the current research on the application of'beyond reasonable doubt'to doubtful non-prosecution cases at this stage is basically in a blank area.Through the National Procuratorial organ Business Case Handling System,a total of 49 cases of doubtful non-prosecution handled by the procuratorial organ of L city,S province,during the period of 2019-2023 were counted.The study found that certain prosecutors had failed to properly apply or abused the'beyond reasonable doubt'stan-dard of proof,so the formed legal instruments are lack of standardization to some extent.Therefore,it is recommended to take six specific measures to improve the situation,such as formulating judicial interpretations and clarifying the conditions for the establishment of'reasonable doubt'.
reasonable doubtevidence is true and sufficientno prosecutiondoubt in favour of the defendant
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