Research On Death Penalty Case Proof Standard

Death penalty case proof standard is an important part of criminal case proof standard. Strictly mastering the proof standard could not only reduce unjust and misjudged death penalty cases, but also reduce and limit death penalty. Death penalty case proof standard is the basis of conviction, which directly relates to the application or not of death penalty.The present applied proof standard for death penalty cases is the 162nd regulation of the'Criminal Procedural Law', namely'the facts of the cases must be clear, and the evidences must be real and adequate'. The five ministries promulgated'some issues of evidence judgment in dealing with death penalty cases, which explained and refined proof standards to the death penalty cases in 2010. However, current proof standard of death penalty cases remains to be perfected in China.This dissertation consists of four parts:The introduction part will briefly introduce theoretical prerequisite and writing purpose of this dissertation. On the condition that other countries all over the world are controlling and researching death penalty, however, our China has limitation to control death penalty from the substantive law angle. Therefore, it is more realistic to control death penalty from program angle. If the proof standards can be constantly improved during the process of death penalty reformation, then, the errors in fact recognition in death penalty cases can be reduced and the purpose of controlling penalty can be achieved.The first part will provide a general introduction of proof standards of death penalty, in which the definition, the theoretical basis and the necessity and importance of the existence of the proof standards of death penalty cases will be mentioned.The second aims at providing ways to improve the proof standards of death penalty of our country by analyzing and comparing the foreign death penalty proof standards with ours, summarizing the setting of death penalty proof standards of other countries, and absorbing the experiences of other countries in controlling death penalty.The third part is the focus of this dissertation, which will introduce and analyze the legislative and judicial status of proof standards in death penalty cases in China, through which the existing problems will be pointed out. On the legislative status, the new regulation against death penalty cases promulgated by the five departments is emphatically analyzed in this part. And the positive meaning of this new regulation is affirmed in this part while its shortcomings and the points need perfecting will also be pointed out at the same time. This new regulation has particularly and clearly stated the death penalty cases proof standards. Compared with the former regulations, it is easier to operate. Therefore, the new regulation could provide accurate operating basis for proof standards of death penalty cases.The fourth part will combine the discussion of the particularity of death penalty to provide some advice to perfect the proof standards in death penalty cases in our country in the future. It points out that death penalty case proof standard does not need any improvement than ordinary criminal case proof standard. However, its application must be absolutely strict and clear. Thus this dissertation will finally intend to put forward that death penalty case proof standard should demand "accurate and adequate evidences and eliminating reasonable doubts" on both conviction and sentencing. Besides, this dissertation will also make endeavor to conceive and improve the related measures of the death penalty case proof standard.