Research on the Standard of Proof in the Procedure for Excluding Illegal Evidence

Abstract

As a key mechanism to safeguard judicial justice and curb extortion of confes-sions by torture, the setting and application of the standard of proof in the pro-cedure for excluding illegal evidence directly influence the realization of proce-dural value. China's Criminal Procedure Law and related judicial interpretations have established a proof system centered on the "duality standard," but in judi-cial practice, problems such as vague initiation standards, unclear allocation of the prosecution's burden of proof, and the absence of typological standards for evidence still exist. Based on the theory of the correlation between the standard of proof and the burden of proof, this paper systematically discusses the "rea-sonable doubt" standard for the defense to initiate the procedure and the prose-cution's dual standards of "confirming illegality" and "inability to exclude ille-gality" by analyzing the logical transformation of the object of proof and com-parative legal experience. Combining typical cases such as the "Zhang Guoxi Bribery Case" and the "Guo Zongkui Drug Trafficking Case," it reveals the prac-tical dilemmas in the application of the standard of proof in current judicial practice, and proposes improvement paths from four dimensions: clarification of operational guidelines, refinement of application rules, strengthening of ty-pological research, and enhancement of judicial cognition, so as to provide the-oretical support for the standardized operation of the procedure for excluding illegal evidence.