The Study For The Issue Of Death Penalty Case

The foundation and core of litigation activities is evidence. The litigation activity can not be promote and conduct without evidence. In the proceeding of criminal, the most important thing is that we must first use of evidence correctly to do not indulge crime, not treat unjustly good people, in order to achieve the task of criminal proceedings, to fight against crime to protect innocent people from criminal liability. Each stage of the proceedings can not do without the use of evidence from filing to the investigation, from the prosecution to trial implementation. If the use of evidence has an error, the referee to the case will be an error also. Then the case can not be truth, the legitimate rights of the parties can not be guaranteed, justice of low will not be realized.In recent years, the Case of She, and other death penalty case like Du Peiwu appeared in people's horizon, look at the death penalty wrong case, almost every death penalty case have the worry use of the evidence. It is true that there are many things related to the evidence, including the proof of the object, the examine and judge to the evidence, the standard of proof, burden of proof, the rules of evidence and so on. However, combine with the issues of evidence in the death penalty wrong case, the author have the view that the use of the rules of evidence should be stricter, the standard of proof should be the highest, the allocation of the burden of proof should be clear in death penalty cases. That is to say that the standard of proof, the burden of proof and the rules of evidence are the main issues to the death penalty wrong case! And, there don't have too much controversy to other evidence itself. Therefore, regulate the main issues of evidence in death penalty cases is most effective way to reduce the occurrence of the death penalty wrong case to protect the legitimate rights of the accused and to protected the judicial of justice.Therefore, this article I will stand on the basis of previous studies, combined with China's laws related to criminal proceedings. Based on the death penalty wrong case, citing three typical death wrong cases, analysis the evidence issue of the death penalty cases, and then put forward my own views on the issue of evidence apply from three sides: the burden of evidence, standards to evidence and applicable rules of evidence in death penalty cases. I believe that the standard of proof in death penalty cases should be the highest in criminal case and should be operable in judicial practice. At present, performance on the standard of the proof to determine the case facts is "facts of the case is clear, the evidence is reliable and sufficient". The standard of proof is too good in theory, but it is too difficult to hold in practice. On the issue to the burden of proof, the criminal proceedings usually considered the case of public prosecution evidence by the accuser, the case of private prosecution evidence by the private prosecutor. That is, in the general view "the one who proposal is the one who have to put the proof. But when the extort confessions by torture and the measurement of penalty become the main issues of the death penalty, the issue of the burden of proof that whether they are true in the legislation and judicial practice is lack of corresponding regulations and reasonable allocation, not including the inversion to the burden of proof in criminal cases. The provisions of the legislation for the suitable use of the rules of evidence in criminal proceedings are even more lack in China and difficult in practice.Combined with provisions about the issues of evidence to the criminal legislation in our country and two provisions:"The provisions about the issue of the exclusionary rule in criminal cases ","The provisions about the issue to judge the evidence in death penalty cases" the ministry published on May 30,2010, I propose the following view about the issues in the death penalty case:1. the standard of proof in the death penalty cases should be established as" facts of the case is clear, the evidence is reliable and sufficient get rid of reasonable doubt to achieve certainty"; 2. the allocation of the burden of proof in death penalty cases is divided into two aspects:conviction and sentencing. And they usually following the principle " the one who proposal is the one who have to put the proof". But the difference to the measurement of penalty should have the difference in allocation of the burden of proof; 3. there are too many contents about the rules of evidence, I will put my own views to the issues related to the death penalty case about the exclusion rule of illegal evidence,hearsay evidence, character evidence, opinion evidence and judgment evidence.