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在我国目前刑诉法规定的证明标准中,事实清楚,证据确实、充分是客观标准,排除合理怀疑是主观标准。但排除合理怀疑是在证据确实、充分之下所规定的标准。客观标准较为规范化,而主观标准相对缺乏规范化。因此,对于从不同的司法环境中移植的排除合理怀疑在我国的法律环境中如何规定和如何适用都是理论和实践中应当解决的问题。在大的法律环境改善的情况下以中立的裁判者作为连接的媒介,从理论上将主客观标准连接起来以完善我国证明标准。
In China’s current standards of proof of criminal procedure, the facts are clear, the evidence is true and sufficient is an objective standard, excluding reasonable doubt as a subjective standard. However, the removal of reasonable doubt is the criterion laid down by the evidence, under its fullness. Objective standards are more standardized, but the relative lack of standardization of subjective standards. Therefore, it is a problem that should be solved in theory and practice that how to define and how to apply reasonable suspicion to transplant from different judicial environments in the legal environment of our country. Under the circumstance of a big legal environment being improved, neutral judges are used as the medium of connection, and the subjective and objective standards are theoretically connected to improve our proof standard.