死刑二审开庭,从证据适用上看,举证责任的配置不尽明确,证人、鉴定人出庭作证少,刑二审案件的事实和证据在庭审中得不到最为充分的查明和论证。因此,在死刑二审开庭中应明确质证程序和举证责任承担、升格死刑案件证据的证明标准、强化证人、鉴定人出庭作证等相关制度。 As for the application of evidence, the disposition of the burden of proof is not clear enough. The fact and evidence of witness and appraiser who appear in court with few testimony and the case of second instance of punishment can not be found and verified most adequately during the trial. Therefore, in the trial of second instance of death penalty, it is necessary to clarify the certification procedure of certification procedures and the burden of proof, the proof of the evidence of upgrading death penalty cases, and the enhancement of relevant systems such as testimony of witnesses and expert witnesses in court.