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The Proof Standard Of Death Penalty Cases On Falsification View

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhangFull Text:PDF
GTID:2216330362962952Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This paper attempts an analysis of the standard of the death cases of theory,legislation and judicial reality, and from the United States and relevant United NationsConvention, elaborated the standard of the death cases of nature, and to combine thereasonable doubt standard of proof of reflection, to analyze our country the standard of thedeath cases of construction and development trend. This article discusses the process inthe use of interdisciplinary research methods and the comparison method and empiricalresearch method. Apply falsificationism theory" beyond reasonable doubt", not only forreasonable doubt theory abound and develop, also hope it can better guide the practice. Onthe criminal activities have an important impact, so the case should be submitted forexamination and prosecution to achieve a higher standard of proof. From the angle offalsification thinking, put forward to establish " beyond reasonable doubt" is established asthe standard of proof of death penalty, helps to reduce the death penalty in miscarriageresulting. Investigation and trial use of falsification, the judicial personnel first realize thatthe criminal suspect may not criminals, to listen to his confession, and objectively treat,not only to collect their guilt and sin weigh evidence, and the importance of innocence andlight crime evidence. In order to ensure comprehensive forensics premise, continue todiscover and eliminate doubtful, only when the facts of the case there is no reasonabledoubt could not reach the proof standard of death penalty cases.Established in China for examination and prosecution" beyond a reasonable doubt"standard of proof, take a series of measures. To ensure full evidence, especially onnegative evidence, some evidence verification; perfect the corresponding rules of evidence,such as the illegal evidence exclusion rules, the rules of corroboration to guarantee thelegitimacy of evidence, authenticity.
Keywords/Search Tags:Death penalty cases, Standard of proof, Falsification, Beyond reasonabledoubt, Security measures
PDF Full Text Request
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