Research On The Standard Of Evidence For The Death Penalty Case In China

The death penalty is a punishment of deprivation of life in our country,the criminal punishment,is the highest level,a criminal punishment is the most severe,compared to other criminal punishment,a criminal punishment,the death penalty is the most cruel so,many countries have abolished the death penalty system,at present,there are 96 a country of the abolition of the death penalty,which retain the death penalty system,on the death penalty is very strict,such as China,Japan,Korea,etc..At present China's death penalty,the criminal law amendment(eight)to reduce the 13 death penalty charges,criminal law amendment(nine)to reduce the 9 death penalty charges,in the implementation of kill less and cautiously,gradually reduce the death penalty policy of death penalty charges,criminal law amendment(nine)stepped solid one step.In our criminal punishment,to the number of the death penalty is the most severe criminal punishment,is a kind of punishment,directly deprived of life so many countries,the abolition of the death penalty,and in countries retain the death penalty,there are also strict restrictions on the death penalty,less caution has become a trend,changes in the in criminal law,continue to reduce the death penalty,can also be seen in China in the development of retaining the death penalty,the strict application of the criminal policy.The study of the standard of evidence in death penalty cases should be strictly applied to the death penalty,and the proof standard of the death penalty cases should be proved to be true and sufficient to prove the facts of the case.In the case of death penalty,the important point of the defendant's life and death is the problem of evidence.Only when the evidence is true and sufficient,can the life right of each defendant be guaranteed,and the right to life.At the same time,the death penalty case evidence must be true and sufficient to prevent miscarriages of justice,to improve the investigation organs,procuratorial organs,judicial organs handling quality of death penalty cases,in other words,but also to protect each defendant get justice,every judicial personnel sun transparent handling.In our country,the standard of proof in death penalty cases and the ordinary criminal case is the same,are required for each case to the case facts are clear,the evidence is reliable and sufficient,so,to pass the objectivity of conviction and sentencing case.In death penalty cases,the standard of proof of death penalty cases will control more stringent,investigators,prosecution personnel,judges should be the facts are clear,there is ample evidence of the conditions,to carry out the death penalty according to the standard of conviction and sentencing standards of judgment,in the investigation stage,the prosecution stage,the trial stage of the evidence evidence,admissibility,review the process,strictly grasp the standard of evidence,to prevent the occurrence of miscarriages of justice by the standards of evidence,in order to protect the legitimate rights of the defendant.