Research On The Principle Of Evidence Authenticated In The Case Of Death Penalty Referring Poison

The case of death penalty referring poison means that smuggling, trading, transportation, and making drugs achieve certain amounts, which may be sentenced to death according to criminal law. President of the Supreme people's court, Xiao Yang points out, we must complete the case especially the capital case as " iron case". It's no doubt that the" iron case " should take true and abundant evidence as the basis. However, because the cases of referring poison have such characteristics as no victim, no obvious consequence and universal hiding, which determines that the kind of evidence in such case to assert fact is single, the evidence chain that could be confirmed each other is weak; The chance that defendant withdraws or partly withdraws confession is extremely usual, and the reason of withdrawing confession is mainly to torture for confession by the police during the course of investigating; The rate of witness appearing in court is extremely low, approaching zero; the process of capturing and the explanation of situation provided by the police are not one of seven legal evidence that be stipulated in criminal procedure law, but they spread nearly every case of death penalty referring poison , the potency of such document is extremely strong, and become one of the main evidence about asserting the fact in trail practice at present: the defect of evidence is a lot in the case of death penalty referring poison. In view of this, the author thinks we should follow such following four rules as carrying on authentication in the case of death penalty referring poison: 1, the rule of legitimacy, legal evidence usually include legal subject, legal procedure, legal means of collecting evidence, the legal expression of evidence form. 2,the ruleobjectivity, authenticity, the content and form of evidence that can be used to assert the fact should be objective, authentic, only when the evidence examined in the courtyard, could it be regarded as the basis of asserting the fact. 3, the rule of favoring defendant while leaving undecided evidence, when the judge carries on authentication to the evidence, under the situation that evidence proving the fact appears reasonable question, he or she should takes evidence in favor of the defendant as basis of verdictation.4, the rule of comprehensive authentication, means the judge carries on asserting the evidence that with credibility, which is allowed to enter to the procedure in an all-round way. The rule of comprehensive authentication is the one, which could judge and analyze the evidence if it could prove the fact or not.Under the instruction of above authentication rule. The author analyzes all kinds of evidences in the case of death penalty referring poison, combining the current situation in the case of referring poison, investigates material evidence, the documented evidence, inspection record, the appraisal conclusion, theconfession and explanation of the suspect and defendant, witness testimony as well other evidences in the case of death penalty referring poison.The author proposes some suggestion about perfecting rule of evidence authentication combining current situation of case referring poison: 1, to explicit legal detection in special situation and restrain the condition of detection in special situation; 2, the police in the case of death penalty referring poison, must be supposed the courtroom ,in order to improve the rate of testifying ; 3, to solve the conversion problem of evidence material that is obtained by the way of technique detection, make form of evidence material that is illegal in according to criminal procedure law legal, so can they be recognizes as evidence of proving the fact; 4, to improve quality of investigator, so as to collect evidence legally and comprehensively in the case of referring poison;5, accelerating the paces of legislation on criminal evidence, so as to perfect the authentication regulation in the case of referring poison.