Research on Lowering the Standard of Proof for Criminal Speedy Trial Procedure*

DOI

10.2991/assehr.k.200316.130How to use a DOI?

Keywords

speedy trial procedure, standard of proof, lenient system of pleaded guilty and recognized punishment

Abstract

In recent years, the criminal speedy trial procedure has been operating well in China’s judicial practice. However, in the theoretical and practical circles, there always remains a major dispute about whether to adjust the standard of proof of the speedy trial procedure. Through comparative investigation, the practice of the common law countries represented by the United States and the civil law countries represented by Germany on this issue has strong reference significance to the judicial practice of China. After analysis, it is concluded that since the “view of maintaining the standard of proof” is untenable, and in order to ensure the realization of the purpose and fairness of the procedure, the standard of proof for criminal speedy trial procedure should be lowered. Specific measures can be taken to adjust the standard of proof by distinguishing the standard of proof according to different cases, ensuring the authenticity and stability of oral confession, implementing the system of lawyer’s assistance, and piloting written trial.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Shao Shao
AU  - Yixiao Li
PY  - 2020
DA  - 2020/03/19
TI  - Research on Lowering the Standard of Proof for Criminal Speedy Trial Procedure*
BT  - Proceedings of the 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020)
PB  - Atlantis Press
SP  - 593
EP  - 597
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200316.130
DO  - 10.2991/assehr.k.200316.130
ID  - Shao2020
ER  -