Try To Talk About The Death Penalty Cases Standards Of Proof

The death penalty is deprived of a personal life right punishment, the provisions of the criminal law is the most severe punishment method. The truth of the case is the basis for the death penalty, but the truth of the case must rely on evidence. In death penalty cases, the evidence is directly determine the defendant life and death. Strictly a death penalty case evidence system, is to improve the quality of a death penalty case, reduce and avoid the death penalty crime of the important measures. Death penalty cases in China with other common standards of proof of criminal case the same standards of proof, the standards of proof of a death penalty case can be summarized as "the case facts are clear, evidence really, fully", and is characterized by an objectivity and only applies to the conviction and not for sentencing. Will and develop standards of proof to the control function of applicable death penalty, judicial person should according to "the case facts are clear, evidence really, fully" the guilty verdict the standards of proof of spiritual essence, insisted that "ruled out reasonable doubt" the conviction of standard and the "exclude all doubt" sentencing standards, as a standard of the death penalty decision, in evidence review and evidence adoption link strictly, make proof standard really be made to prevent the effective barrier case occurred. This paper analyses the standards of proof of a death penalty case theory, legislation and judicial present situation, and learn foreign legislation regulation, expounds the essence of death penalty cases proof standard, analyzes the death penalty cases the standards of proof of construction and development trend, thus achieved the breakthrough death penalty cases in China that the purpose of the dilemma for the standard theory, to play the death penalty cases the standards of proof of maximum effect, reduce the death penalty with the wrong and abuse and effectively protecting defendants’rights.This paper is divided into the following chapters are discussed in detail:The first chapter is criminal case summary standards of proof. Through discussing the standards of proof of concept, nature, proof according to are briefly introduced, analyzes the criminal proceedings the standards of proof of value. At the same time for a death penalty case proof standard makes a detailed analysis of a death penalty case standards of proof for the particularity of briefly summarized, and at the same time introduce in China on a death penalty case proof standard of the present situation of the research. First is discussed for the death penalty scholars the standards of proof of theoretical research and construction. First, theoretical proof standard for a death penalty case whether there should be higher than normal criminal case’s standards of proof exist in the following several opinions:one is to insist that two standards of proof should be united, a death penalty case standards of proof shall not be higher than ordinary criminal case standards of proof. Two is to think that the death penalty proof standard should be better than general criminal cases of high standards of proof. Next, to whether should the conviction of a death penalty case standard and sentencing standard separate and how to distinguish, need what standard for the problem also controversial. One is that the conviction of a death penalty case standard shall be higher than a death penalty case of sentencing standards; Two is to think a death penalty case of sentencing standards should be higher than a death penalty case the conviction of standards. Finally, the author discusses the death penalty cases the standards of proof of legislation: China’s current "facts are clear, evidence really, fully" standards, it is more of a single standards of proof.The second chapter lists the death penalty cases related to the standards of proof theory, and introduces the death penalty cases abroad the present situation of the standards of proof, and its commentarial analysis. The death penalty cases the standards of proof theories can be divided into the following three kinds, namely condemned standards improve said, convicted and given standard standard separation said and negation said. Among them, the measures to improve the conviction that said, a death penalty case should be convicted on standards of proof than general criminal cases more stringent standards of proof to embody the value of the right to life. But this view ignored a death penalty case of sentencing standards of proof problem, so it is incomplete. To condemnation standards of proof and sentencing standards of proof that the separation said, a death penalty case proof standard problem shall take divide and rule of the strategies that death penalty cases the standards of proof shall be convicted and common criminal cases, the "rule out reasonable doubt" standards of proof, the death sentence standards of proof shall be in higher "despite all reasonable doubt" standards of proof. In addition, the death penalty cases the standards of proof theories include denial says, improve the standards of proof death penalty cases do not have rationality, and stood by other measures to control the death penalty, to improve the quality of the death penalty cases purpose.The third chapter death penalty cases in our country the standards of proof of analysis. Through to present a death penalty case evidence standard legislative, judicial the analysis of the present situation in our country and sums up the death penalty case evidence the flaws of the standard. If you fail to different stages of litigation, different types for the case. Pursue "objective truth", not a "legal real," against the law and so on, for the final death penalty cases in China is put forward, which laid the foundation for the reconstruction of the standards of proof.The fourth chapter basically expounds how to realize the death penalty cases standards of proof of this theory breakthrough. For whether death penalty cases should improve the standard of proof and how to improve the standards of proof death penalty cases the answer, and further discusses the death penalty cases and standardization of proof.