The Standard Of Death Penalty Cases

Death penalty cases,are sentences that a person is deprived of the right to life, is the most serious means of criminal law penalties. How to judge a person's behavior has reached the extent of the death penalty, we need proof of death penalty cases through the standards. Standard of proof in capital cases are same with the other ordinary standard of proof in criminal cases. The current standard of proof in capital cases can be summarized as "facts of the case clear, the evidence is reliable and sufficient, " Characterized by "objectivity" and "applied only to conviction, does not apply to sentencing. "Civil law countries, the expression of the criminal standard of proof is "the heart sure that", common law countries, the expression of the criminal standard of proof is "beyond a reasonable doubt. "All along, the procedural law of the academic standard of proof will be called "objective reality. " With the standard of proof in criminal proceedings in-depth Study, Some scholars proposed standard of proof in criminal proceedings can not be achieved so-called objective truth, it should be summed up as a "legal truth. "Both arguments also apply to the Standard of Proof of Death Penalty Cases in China. Death penalty cases is a certainty to reach the standard, or to identify the true extent by law, the first theoretical basis should be carried out from the roots. The only way to a better attention to the death penalty in criminal cases to reach the level of to the proof. Supreme People's Court and Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security, Ministry of Justice developped the "a number of issues provisions of review of the judge evidence of death penalty cases".the provisions of Standard of proof on Code of Criminal Procedure, applicable in capital cases to make further explanation, reflecting the urgent requirement of judicial practice. Is also the scholars of the Criminal Procedure Law appeal for a long time. Is absolutely necessary, with a very important practical significance. But also exposed the problems in the standard of proof in capital cases.Taking into account of the death penalty can not be restored and the complexity of operations,eventually develop a separate "rules of evidence in capital cases".To rise the problem of death penalty cases to the level of legislation. To protect the interests of the people accused to death better. Demonstrate the determination of the death penalty be used with caution and less. Should be based on the different stages of criminal proceedings, as well as the nature of facts to be proved, to set different levels of standards for proof. In the conviction and sentencing for a unified standard of proof that " Remove all reasonable doubt".Revised and improved Criminal Procedure Law, is the basic protection to establish the improvement of standards of evidence in capital cases.