A Death Penalty Case Evidence Research Review

The death penalty is deprived of criminals life the most severe punishment, in the 21st century, the death penalty abolition of an irresistible restriction and the international trend, because history and reality in the various reasons for the death penalty, long-term'lack of attention. In recent years, our country have such as SheXiangLin, cause, and a number of DuPeiWu fault cases, especially ZhaoZuoHai case appears again this year, cause social huge concern, adverse social influence, serious damage to the judicial credibility. The reason that has so many cases cause, wrong, root cause is our country criminal litigation system and evidence censorship as a result of lagging inevitable result. Since no one complete the criminal evidence law in China, has been in judicial practice, the death penalty case evidence for censorship standards and review procedures in "not to have zhang ke abide" embarrassing, part of the case will exclude illegal evidence without cause, cause "mistake", frequently occurr. The author analyses the theory of criminal evidence system for dealing with the case study and see in some problems, through thinking, and puts forward the death penalty evidence censorship in China, for as soon as possible improvements introduced a complete and practical the criminal evidence law, and applied to the judicial practice, the more accurate to determine the case facts, death penalty applied to cautiously, strictly implement the "little kill, kill" yishen the criminal policy of tempering justice with mercy " has important significance. A death penalty case evidence belongs to the criminal evidence category, has the objectivity, authenticity, legality features. A death penalty case evidence shall follow the principle of examination:evidence the referee principle, program legal principle, the principle of evidence cross-examination. Death penalty cases object of proof of facts and procedural law facts including substantive law. In our country, the allocation of the burden of proof is generally "who advocate who proof in death penalty cases, also follow the principle of distribution, mainly consists of indictment provide any evidence that party shall bear the responsibility of a defendant, while the criminal evidence provided to reach a certain standards of proof, or they will bear the responsibility of losing. China's criminal standards of proof is "the case facts are clear, evidence really, fully". "Two base" in China's a very long period of time become criminal case and even death penalty cases of standard ascertaining the facts. This practice actual serious lowered standards of proof, "exclusion reasonable doubt" than the standard civil litigation is still lower, equivalent to the certificate standard", "advantage on the causes of this kind of practice is judicial organs pure pursue control crime, on the other hand, the main reason is the court's administrative management mode and the criminal responsibility lead to a crime. "Onservative" way is to "facts are clear, evidence really fully" proof standard serious breach.American criminal case standards of proof beyond a reasonable doubt "for" ruled out. A death penalty case evidence review rules by the three components, the basic rules for what evidence have recoverable sex, and eliminate rules out concrete evidence material as the strict proof evidence qualification, evidence elimination rule from the exception type are excluded in choice of evidence the ability of some material evidence given. Before world war ii, the Japanese criminal cases by the standards of proof "high probability" statement, after the second world war, with the litigation structure of the socialist new "criminal procedural law" the certificate standard expressed as to "exclusion reasonable doubt". Japan real evidence with due process with entity unified, litigation concept and the parties socialist primarily, supplemented by the characteristics of powers doctrine. On the one hand, it not only keep the continental law tradition, continue to entity real socialist as the value of the criminal evidence law targets, the principles and regulations evidence for free of the principle of the criminal evidence law heart the basic principle, on the other hand try to follow appropriate procedures requirement, the relevant provisions of the Anglo-American evidence for reference, establish the arbitrariness of limited evidence ability law and rumors confession and limit probative rule, the confessions reinforcing principle; In judicial practice, and adapt to the needs of the situation, a restricted to admit the illegal gathering evidence elimination rule.Our criminal judicial long influenced by traditional ideas, from the bondage of the legislation to judicial never get rid of "presumption of guilt, suspect from a" sin, the influence of such notions as torture and other illegal behavior is still difficult to eliminate evidence, serious damage, the accused person's legitimate rights and interests, and the state judicial authority. A death penalty case evidence was theorists, practice, and recent attention cause a group of criminal significant exposure victimised cases have a close relationship. China's current a death penalty case evidence quality and standards are generally not high, some provinces and cities in practice experience court, explored, introduced some evidence standard and evidence rules. These are all in the long-term judicial organ for handling, in practice, the problems highlighted by ponder earnestly and research, and learn foreign advanced experience and practice, combining the actual conditions of our country makes a positive and beneficial exploration and try. Death penalty case evidence censorship in China the existing theories defects:procedure justice idea didn't materialize; A death penalty case evidence access standards for the problem of low didn't get solved; Torture is still not effectively; The witnesses to appear in court and still get the implementation; Anairport continues to elude effectively exercise; By the administrative management mode jurisdiction desalination.For more justification of the death penalty cases, to attack and protective, our country in the value of the purpose of the criminal evidence law shall be formulated, further establish clear a death penalty case proof standard, namely a death penalty case must be in "facts are clear, evidence really, fully" basis, can eliminate reasonable doubt that the only conclusion. Our criminal litigation system improvement, must take the procedural justice idea as the main ideology, otherwise there is meticulous, again comprehensive rules also, useless navel-gazing. Our country should reflect procedural justice evidence principle, when building silent right, "pretrial hearing" program and "discovery" system, sets up "writs" system, the witnesses to appear in court and security system, etc.