Improvement of China's System of Ascertaining the Cause of Death
The system of ascertaining the cause of death is closely related to criminal procedure as the conclusion determines whether a death case shall be investigated,filed,or entered a criminal procedure.So far,China has not yet established a unified system of ascertaining the cause of death.Only rough provisions related to ascertaining death causes of those in custody are available in legal documents.From perspectives of legal norms and judicial practice,defects are obvious in China's relevant provisions,such as the insufficient neutrality of investigation subjects,closed procedures in investigation,objections to investigation conclusions,and insufficient remedies for disputes.When designing specific systems,we should establish a Procuratorate Committee for Ascertaining the Cause of Death as the subject,make explicit conditions for starting the ascertaining process,respect the full participation of close relatives of the deceased during the ascertaining process,ensure their full knowledge,allow them to participate in selecting the appraisal authority and ascertaining procedures,and ensure their objections to conclusions get remedied.
ascertain the cause of deathinvestigate the cause of deathidentify the cause of deathjudicial credibilityprotection of rights