Proof Standards And Evidence Review In Drug Crimes Of Death Penalty Cases

Evidence is the core of litigation,Proof standard is the key to the system of evidence,and Review of evidence is the foundation of crime cognizance.In the field of the traditional criminal proceedings in our country,the criminal proof standard is under the system to "facts of the case are clear,the evidence is indeed full." As the long-term theoretical exploration and practice,the standard undergoes a process :From ‘the objective truth theory' to ‘the legal truth theory',but still can't avoids the limitations of its reality.It's not practical for high concealment of drug crimes,and cause confusion and questions.As deeper research,many scholars put forward a proposal of diversified proof standards on based of referring foreign.In this paper,author analysis the cause of the two being sentenced to death or not,based on comparison with Ma case and Su Case,and thinks over How to use the proof standard.The authors present a hierarchically proof standard on conviction and sentencing.It need a More stringent standard when pronounce sentence of death.Since the enforcement of criminal procedure law in 2013,electronic evidence ? technical investigation evidence and conclusion of judicial appraisal figure largely in Drug Crimes.In this paper the author will analyze problems existing in kinds of evidences and the way of reviewing.