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Death penalty cases, the standardization of the standard of proof

Author: SongBingXin
Tutor: WangJinXi
School: China University of Political Science
Course: Evidence of Law
Keywords: Death penalty cases The standard of proof Conviction Standard Sentencing standards Normalization
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 139
Quote: 1
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Abstract

This paper attempts to analyze the theory of the standard of proof in capital cases , legislative and judicial reality start, and learn from the United States and the United Nations -related legislation , to illustrate the nature of death penalty cases, the standard of proof , combined with the standard of proof beyond a reasonable doubt on reflection, to analyze our Construction of the standard of proof in capital cases and trends . Hope to achieve the standard of proof rationalize the idea of ??death penalty cases , breaking the standard of proof in capital cases the purpose of the theoretical dilemma , the standard of proof in capital cases in order to play the greatest effect, reducing misuse and abuse of the death penalty issue , and ultimately to protect the accused human rights effects . This paper discusses the use of the main problems during the boot law and comparative law research methods, divided into the following chapters are discussed in detail : The first chapter discusses the nature of the standard of proof and standard of proof in capital cases particularity . The standard of proof properties have been briefly analyzed the value of the standard of proof in criminal proceedings . For the particularity of the standard of proof in capital cases , the level of Criminal Procedure and the standard of proof standard of proof in capital cases the level of a detailed analysis , in order to lay the theoretical foundation. The chapter concludes with death penalty cases, the standard of proof for some reflection, raised the standard of proof in capital cases that the theory predicament. The second chapter describes the standard of proof on the death penalty case of the status quo , are real natural state. First, scholars discussed the standard of proof on the death penalty and constructivist theory . First, the theoretical circles whether the standard of proof for death penalty cases should be higher than the general standard of proof in criminal cases there are several observations: First, insist that the two should be unified standard of proof , the standard of proof in capital cases should not be higher than the ordinary criminal cases prove standards This kind of view. Second, the standard of proof that the death penalty should be better than the general high standard of proof in criminal cases . Second, whether the standard should be convicted of death penalty cases and sentencing standards and how to distinguish separate , you need to apply any standard problem also exists controversy. First, to support the death penalty case, the conviction standard is higher than the standard sentencing in capital cases ; two cases is that the death penalty sentencing standards should be higher than the standard convictions in capital cases . The research project also proved standards for death penalty cases for the relevant questionnaire. Secondly, discusses the standard of proof on the death penalty case of legislative situation : our current was \For the \Finally, for death penalty cases associated with recent legislation and on the standard of proof applicable in capital cases the judicial status quo were introduced, for the following analysis laid the foundation background . Chapter III presents the U.S. and some international conventions related death proof standards. For the U.S. death penalty cases in which the conviction and sentencing procedures separation and the U.S. death penalty cases beyond a reasonable doubt standard applicable were the focus of analysis . The fourth chapter analyzes the origins of reasonable doubt , the standard of proof and procedural issues for a reflection . Emphasizes the professional ethics of judges ruling in death penalty cases in an important role. Chapter V of this paper is focused mainly on how to implement the death penalty cases, the standard of proof for the theory predicament breakthrough. Should be raised as to whether the standard of proof in capital cases and how to improve the standard of proof in capital cases were answered ; deeper death penalty cases are discussed in Chapter VI Standardization proof death penalty reform combined with the trend , a brief introduction of the future death penalty cases, the standard of proof in our trends.

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