On The Standard Of Proof In Death Penalty Cases

Our standard of proof in capital cases is one of the major theoretical issues of the procedure laws, particularly nowadays on the background of wrong cases appearing frequently, there is much more practical significance to go on further discussion and try to complete it.The first part of this paper makes an overview of the general theory on the standard of proof in the death penalty cases. In this section, the author firstly explains generally the basic theory of the criminal standard of proof. Secondly, enhances and demonstrates the particularity of the standard of proof in death penalty cases from the perspective of the specificity of death penalty cases. Finally, concludes the litigation significance of the standard, strictly adhering to the standard of proof in death penalty cases, through the procedure controlled we can reduce the application of death penalty cases and achieve the effectiveness of reducing misjudged cases.The second part based on the assessment study of the provisions of the standard proof about the death penalty in extra-territorial, comparing with the current law, combining the current reality that there are still a large number of capital charges and the death cases, comes up with learning from the experience of the U.S. death penalty procedures and the reconstruction of the sentencing procedures.The third part is the reflection on the standard of proof in death penalty cases, including the defects of the legislative status and shortcomings exposed in judicial application.Finally, it stresses the shift of the judicial officers'attitude, overcoming the impact of heavy punishment ideology, and the normative application of the standard of proof in the doubtful cases, the fact that the accused shall be sentenced to death is a sufficient condition for reprieve, it is misreading for the death sentence with reprieve that made the sentence while the facts evidence affecting the conviction are still unclear.