减少死刑误判现象之方法初探——兼论完善我国死刑案件证明标准

Standards of Proof in Death Penalty

死刑误判现象的一再发生,损害了公民、社会利益及司法公信力。限制、减少死刑误判应着重完善,甚至改革我国的死刑案件证明标准。"分而治之"的解决思路在可行性方面存在着严重的缺陷。因此,应当通过在坚持"排除合理怀疑"的证明标准的基础上,灵活运用"优势证据规则",细化法定量刑情节,扭转我国"重刑"观念来解决死刑误判问题。

The recurrence of the misjudged cases in death penalty in China, has not only lead to the deprivation of peoples＇ property rights, liberty and the right of life, but also make the society more turbulence to live in. Moreover, the misjudged cases have influences the built of judicial credibility badly in China. Recently, some of the scholars have come up with the solution of using ＂double proof standards＂ in conviction phrase and sentencing phrase. It means that keep the standard of proof of ＂beyond reasonable doubts＂ in the phrase of conviction, and raise the proof standard to ＂beyond all doubts＂ in sentencing phrase, so as to prevent the occurrence of the mis- judge cases of death penalty. In this paper, by analyzing the feasibility of the ＂double proof standard＂, the author intended to expose the disadvantages of this solution, meanwhile, the author trying to provide some feasible methods for help to reduce the recurrence of the misjudge in capital cases.