The Death Penalty Cases Prove That The Research Of Standard

Several misjudged cases expose the abuse that our capital cases did not grasp strict standard in the aspect of standard of proof. Our system of standard of proof in capital cases, unscientific, uncertain and lack of maneuverability, would also set dangerous precedent for misjudged cases. By analysing the legislation of standard of proof in capital cases and the problems existing in the judicial pratice, the thesis looks at the doctrine concerning standard of proof in captial cases, put forward the reconstruction of the system of death penalty, and also discuss its application in the judicial practice. This thesis is divided into four parts. Through comparing and commentary standard of proof, Chapter 1 mainly reviews the criminal proof standard both in the Anglo-American law system and continental law system. In the Chapter 2, the applicable situation of standard of proof in China is explored. At present, the standard that "the fact is clarified, evidence is authentic and sufficient" is put to use as our applicable standards of proof, but the flaws of the system of standard of proof in capital cases is vague, and strongly objective. Chapter 3 puts forward reconstruction and the tentative idea about standard of proof in capital cases, such as "certainty and no doubt". In judicial pratice, three main problems of standard of proof in capital cases are introduced:different understandings, variation application in justice and political interference. Chapter 4 discusses the specific grasp in pratice, which probes how to apply the standard in the objective aspect, subjective aspect and subject of crime.