On The Study Of The Proof Standard Of Death Penalty Cases In China

The death penalty is the most severe punishment in the penal system, which applies only to the most heinous crimes. As it relates to the deprivation of life, many countries have abolished the death penalty, or increased the restrictions of appliance and cycle of procedures for the review in countries which still keep the death penalty. Our country adopts the criminal policy of retaining the death penalty and strictly appliance. Several misjudged case 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, would also set dangerous precedent for misjudged case.China’s criminal legislation has also been in ongiong improvement. The Supreme People’s Court, The Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security and Justice Department jointly "The provisions on several issues reviewing and judgment of evidence when handling the death penalty cases" and "The provisions on several issues on exclusion of illegal evidence when handling the criminal case" in2010, Which is a big step forward. However, the author believes there are still some theoretical issues which have not been fundamentally resolved, such as final evidence is still not clearly defined.By analyzing the legislation of standard of proof in capital cases and the problems existing in the judicial practice, the thesis looks at the doctrine,concerning standard of proof in capital cases, put forward the reconstruction of the system of death penalty, and also discuss its application in the judicial practice. This paper attempts an analysis of the standard of the death case of theory, legislation and judicial reality,and from the Unite States and relevant United Nations Convention, elaborated the standard of the death cases of nature, to analyze our country the standard of the death of construction and development trend. The Introduction explains a few basic concepts involved in this article, such as the historical development of the death penalty, the singnificance of the study in this paper, the research methods of the study in this paper, in order to sort out and define the main areas in this article for laying the foundation for the discussion followed. The first chapter introduces practical study of standard of the death case in China. The second chapter explains we should establish the principle of death penalty case, and introduces extraterritorial criminal proof standards which is good for study on some concept and system for construction of evidence standard of death penalty in China. The third and forth chapters focus on how to build the evidence standard system of death penalty, one of most important suggestion is that the proof standard in death penalty cases set from the conviction and sentencing in our country, should be adopted on sentencing for the seek to control the application of the death penalty strictly.