| The death penalty is the most severe punishment provided by the Criminal Law.The application of the death penalty is based on the facts of serious crimes.The facts of serious crimes must be proved by strict evidence and must meet strict standards of proof.The deprivation of the right to life by the death penalty is the reason why it is different from the general penalty.Once executed,it cannot be reverted.It is one-off and final.The accusation of death penalty is so serious that the defendant should enjoy a corresponding level of relief rights,and under the international trend of abolishing the death penalty,my country has been restricting the application of the death penalty through various rules and policies.It is one way to improve the proof standard of death penalty cases.At present,the certification standards of death penalty cases in my country are the same as those of other ordinary criminal cases.They are all "the facts of the case are clear,and the evidence is reliable and sufficient." It is necessary to find a breakthrough in controlling the application of the death penalty from the evidence law,and it is impossible to bypass the research on the certification standards of death penalty cases.The current universally applicable certification standards for death penalty cases cannot reflect the essential difference between death penalty cases and other cases,and the defendant is not in the court trial stage.Obtaining substantive special treatment,is a major flaw in the current setting of the certification standards for death penalty cases in my country.The severity of the death penalty case is the highest,and the highest and strictest standard of proof should also be applied to reflect the particularity of the penalty.Based on the results of previous studies,this paper proposes a path to reconstruct the proof standard of death penalty cases,that is,during the conviction stage of death penalty cases,the existing proof standards should be kept unchanged,and the same proof standards as in ordinary criminal cases should be applied to prevent small mistakes.Eliminate the ignorance of ordinary criminal cases that may be caused by excessive emphasis on death penalty cases;eliminate the deep-rooted drawbacks of"serious convictions and light sentences" in China’s criminal trials,implement the separation of conviction and sentencing procedures,and treat death penalty cases as an independent reform of sentencing procedures This article believes that the immediate execution of the death penalty is an important procedure for the final decision on the application of the death penalty.Therefore,a higher standard of proof should be applied than the conviction of the death penalty and the conviction and sentencing of other criminal cases."The standard of proof.That is to say,the facts of the case and related evidence on which the final sentence of death penalty is to be executed immediately must be exclusive and unique,that is,the crime committed by the defendant is "death to death".Regarding the standard of sentencing certification higher than the standard of conviction,we need to clearly establish a concept:"The death penalty is more severe than the capital crime.The death penalty is not required for capital crimes,and the death penalty must be lifeless." Because after the conviction and sentencing procedures are separated,the conviction stage only solves the problem of the crime.What kind of punishment the defendant is sentenced to and whether he is sentenced to death can only be reviewed and determined at the sentencing stage.The conviction is a necessary precondition for the immediate execution of the death penalty,but it is not a sufficient condition.The standard of proof for convictions in death penalty cases remains unchanged,which will not lead to free punishment being underestimated,and the defendant will not escape legal sanctions because of higher standards of proof;higher standards for death penalty sentencing will make judicial personnel treat them more cautiously In the final death sentence,the defendant’s right to life will be more beneficially protected.While the certification standards for death penalty cases are increasing,the corresponding supporting systems should closely follow the pace of reform and make updates and adjustments that are suitable for higher certification standards for death penalty cases.Higher standards for proof of death penalty cases mean that it is more difficult to find out the facts,and judicial personnel are under greater pressure to handle cases,but the possibility of wrong judgments in the case is reduced,and the defendant can also get more favorable,and the severity of the death penalty Match the protection intensity,so the improvement of supporting measures can predictably eliminate the possible adverse effects. |
