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浙江大学学报(人文社会科学版) 2002
The Realistic Choice of Standard of Proof in Criminal Procedure:Mixed Standard
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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".
