Quality Assurance Of Research Evidence In Capital Cases

Death penalty as the oldest, most popular long and harsh, our criminal justice system is the most severe penalties. Since the death penalty, bloody, cruel and irreversible, most of the world which have been abolished, as one of few countries maintain the death penalty, China’s real choice is its effective control, and to ensure that the control effect can be demonstrated as much as possible strict standard of proof the death penalty has become the most important means. To clarify the standard of proof, uniform practices, the Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security and the Justice Department on July1,2010jointly issued "on the handling of evidence in death penalty cases reviewed to determine the number of issues’(hereinafter referred to as "rules of evidence for death penalty cases"), the regulations since the specification standard of proof in capital cases, to improve the quality of death penalty cases has played a very significant positive effect, but in practice, there are still clear understanding of the requirements implementing the phenomenon of false, so the quality of death penalty cases has been some impact. Based on the "rules of evidence for death penalty cases," the interpretation of the province public security organs for evidence of work in death penalty cases to analyze problems, identify the actual reasons put forward practical suggestions for improvement in specific.The main contents of this article consists of three parts, the first description by introducing the standard of proof in capital cases leads to the release,"for death penalty cases, rules of evidence" in the background, which further provisions of this composition, a detailed exposition of innovations, and evidence of its relationship with the investigation, meaning to be summarized. The second part is mainly the province by the public security organs for evidence in death penalty cases, analysis of the work, review the existing problems, summed up the problem of specific causes. Evidence of consciousness of the review and the review is divided into practical operation of both the review, the evidence reviewed, mainly from the practical sense of awareness, independence, normative consciousness, global awareness aspects of the investigation and evidence gathering evidence for the existence of consciousness in the aspects analyzed, namely the collection of evidence in terms of effectiveness, time consciousness is not strong, resulting in some evidence damage, loss; The idea of gathering evidence, the "follow the evidence for the" outstanding issues, narrowing the scope of the collection of evidence in capital cases, the evidence of deviation from the work place, loss of comprehensiveness, objectivity; the normative aspects of the collection of evidence, arbitrary large, can not be strictly certification requirements in accordance with requirements and procedures for the collection of evidence; the scope of the collection of evidence, focusing on the collection of evidence for conviction, while ignoring the collection of evidence for sentencing, especially for the crime in sentencing the suspect based on statutory, discretionary sentencing based not on collection. Review the practical operation from the scene, identification tests, physical evidence, oral evidence in four areas that affect the quality of evidence in death penalty cases conducted in-depth study, that scene, the exploration of the main non-compliance, not strictly in accordance with established procedures to carry out exploration, lack of contact with the exploration and investigation; identification tests, the identification of the main non-compliance is not required to perform identification of the conclusions of this program, identification of material sampling is not comprehensive; physical evidence, physical evidence extracted material on the matter when, isolated evidence, collected evidence of work floating on the surface, taste is only for lack of evidence collected evidence that the effect of deepening the use of lower, not the custody of the evidence standard; oral evidence, the non-standard way of obtaining evidence, not evidence-correlation between the fixed, lack of depth and breadth of evidence collection. For the questions we ask are the province’s public security for citing instances of death penalty cases, evidence to support the problem better. For the questions we ask are the province’s public security for citing instances of death penalty cases, evidence to support the problem better. The specific cause of the problem mainly from two aspects of subjective and objective analysis, the detection of subjective stress on the death penalty cases, and interpretation of some of the points of errors, poor awareness of some of the evidence investigators, professionalism is not enough for handling death penalty cases, the system requires not seriously study and implement is not complete; objective shortage of policemen, equipment support, lack of rigorous work system resulting in death penalty cases, evidence of work in the specific reasons for problems. The third part is the realization of "rules of evidence for death penalty cases," the path to requested improvements and measures elaborated mainly on three fronts, first, to improve the professional quality of the investigators, that is, to in-depth study and research, clear and specific requirements; change traditional detection concepts, two equal, and strengthen legal awareness, the evidence of consciousness; improve the quality of evidence of the main business, to ensure the implementation of rules of evidence; evidence to change the traditional thinking, the ability to improve access to physical evidence, and second, to improve working conditions, improve police equipment protection material, to ensure the smooth development of evidence collection and the third is to strengthen the work of institution building, that is, to strengthen the questioning (ask) the relevance, comprehensiveness, improve language of the evidence; to further regulate the exploration, testing, search, and other organizations to identify the work and the related production of transcripts; to strict censorship of evidence, to detect conflicts, problems; correction to further improve the evidence, make inspections.This lack of innovation and is not restricted to this article on the "rules of evidence for death penalty cases," the release of the background, structure and meaning of interpretation, but by the province’s public security organs for evidence in death penalty cases summary analysis of the work, to identify the existing practical problems, the causes of induction of specific problems, and then put forward to achieve the requirements and measures to improve the path. This close to the actual work, the problem from the work, the way to work, to improve the reality of death penalty cases, the public security organs for evidence of work has a positive reference value. However, cases of death penalty cases, the collection has a certain degree of difficulty, and this article deals only with evidence of the public security organs work, so there are practical problems can not be11made, in which the angle nor the criminal standard of proof.