About The Perfection Of Chinese Death Penalty Cases’Determined Evidence Criterion

During the transaction of a death penalty case, the judicial authorities’ activities will basically formed by taking evidence, quoting evidence, confrontation and attestation, it is obvious that from the start of the suit case till the judgment being made, all the efforts were centered on evidence. Since the judgment of death penalty will determine whether the defendant’s life right being deprived, the reinforcement of determined evidence criterion in death penalty case has great influence on the regulation of evidence using, the achievement the righteous of judicial decision and the guarantee of human rights. Through the using of probative force and credibility theories in evidence law and the exploring of the composition of determined evidence criterion in death penalty case, we can thus provide that determined evidence criterion in death penalty case is composed with a series of relative evidence rules and reflect its pursuit of respecting human life, humanistic lawsuit and harmonious lawsuit.From the angel of probative force and credibility, the present general rules of determined evidence in death penalty case in China are: rule of relevance, exclusionary rule of illegally obtained evidence, rule of opinion, rule of direct verbal evidence; the rule of credibility usually consist of underlying original evidence rule and reinforcing evidence rule. The publishing of these two rules represents the judicial interpretation of the evidence rules mentioned above. Therefore, in the practice of law, the current determined evidence criterion in death penalty case still has problems such as:low legislation level, unreasonable evidence criterion setting and incomplete of supporting evidence system.The result from the evidence leads an only conclusion means that evidence plays an important role in death penalty case. In order to reveal the current adversary system in lawsuit during the trial, we should get at the facts of the case, and protect the achievement of human rights. In death penalty cases, we must reinforce the evidence rules which can regulate the credibility of evidence, rethink the probative force rules and perfect the establishing environment of determined evidence criterion in death penalty case. Specifically speaking, we must establish the illegal confession elimination rules which are beneficial to the defendant, thus promote the legislation of Chinese criminal evidence.