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公诉证明标准是刑事诉讼证明标准的重要组成部分,也是检察机关衡量案件能否进入审判阶段的一个判断依据,因此其标准的高低一直是学界争议的热点。两大法系的主要法治国家在公诉证明标准上有着科学而条理的阶段性、层次性,而我国在公诉证明标准上则一直是坚持公诉证明标准与法院的有罪判决标准一致,因而诟病诸多。本文即是从这个角度来展开论述,以求重建公诉证明标准的新模式。
The standard of proof of prosecution is an important part of the proof standard of criminal procedure. It is also a judgment basis for the procuratorial organs to judge whether a case can enter the trial stage. Therefore, the standard of the prosecution has always been the focus of academic dispute. The two major law-based state of the rule of law in the prosecution of proof standards have a scientific and orderly stage, level, and our standard of proof of prosecution has always been to adhere to the standard of proof of prosecution and the court’s guilty verdict standards, and therefore criticized many. This article is to start from this point of view, in order to rebuild the new model of the standard of proof of prosecution.