Research On Prosecution Supervision Of Death Penalty

This paper tries to build and explore the theoretical system and mode of operation on prosecution supervision of the death penalty, in order to strengthen legal supervision of death penalty cases and achieve the goal of judicial control of the death penalty. It discusses the supervision measures of death penalty cases on file, investigation, trial and execution from the perspective of combining of theory and practice and unifying of substantive and procedural.The first chapter is the principle of prosecution supervision of death penalty.First, it reveals the content of legal supervision and overviews China's prosecution system characteristics from the clarity of related concepts, correct misconceptions and paradox of supervision. Second, it summarizes judicial control model and general characteristics of the death penalty. It includes a specific subject, the means of action, the process of the artificial nature, the integrated path and the validity of the results. The content of inspection supervision of the death penalty is as following:what the death penalty inspection and supervision is for the prosecution to protect the unification of the death penalty, prevent the wrong death penalty and reduce the number of death penalty. It will be helpful to adjust the death penalty proceedings and correct supervision activities through the integration and promotion of the power. Third, it reveals the development of prosecution supervision of death penalty, discusses other countries'way to control the death penalty, study typical inspection supervision system, elaborates its legal basis and value.The second chapter is the standards of prosecution supervision of death penalty.This essay tries to build the standard of the prosecution supervision of death penalty. It is not widely accepted the principle of the general criterion of death penalty, but the difference is not substantial. "Crime is extremely serious" is one of the main factors to apply the death penalty. The nature of this rule is to limit the application of death penalty. But the criterion is very vague. It has to be used with other rules. There are twelve specific rules to "not to be executed immediately". In the mean time, there are thirteen cases to apply the defendant for death penalty with a two-year reprieve, the death penalty with a two-year reprieve is the best way and optimal choice to judicial control. It summarizes the discretion to apply death penalty. The author believes it is of great value to restrict of death penalty. It has to explain the statute with liberal interpretation of limiting using of death penalty.It will be deeply discussed of the standard of proof for death penalty. Merely talking the standard of proof for death penalty has no real meaning. It is of hurry need to upgrade the skills and using of proof; control of the death penalty, How to limit the death penalty is to strict application of verifying rules, to apply complex procedures, add an additional screening mechanism.What we should do to solve the problem of the confliction of law enforcement on the death penalty. The author puts forward the idea to resolve the problem. The court can interpret the substantive law, Procurator ate explain the procedural law, the authority responsible for the prosecution. The Politics and Law Committee has the authority to coordinate the judicial right, long-term mechanism should be build to further clarify the procedures and methods of law enforcement supervision.The third chapter is the procedure of prosecution supervision of death penalty.First, the supervision of the file of death penalty is part of the death penalty control, but the mechanism should be deepened, the structure should be corrected. We should establish mechanisms to supervise the administration of the filing of death penalty. Second, the supervision of the investigation is one of the main parts when the Procuratorates use the authority, but the mode has some characters, such as the parallel operation, misplaced priorities, different powers, which results in the prosecution supervision. The best way of optimize the model is to weaken the power of the police. The Procuratorate should have the leading power. Third, the supervision of criminal justice is the key to reasonable use of the death penalty. It includes of the death penalty sentencing recommended the conflict, the expansion of the death penalty prosecution discretion mechanism, the death penalty conviction and sentencing of the separation process, the death penalty system to strengthen discovery, the death lawsuit adverse commitment and so on. Forth, death penalty review monitoring process has special effect on applying death penalty. According to the characteristics of specific cases, death penalty review supervision should take a different strategy to limit the scope of cases in certain areas and work; using a wide range of review methods; set the required width strict time limits affordable; strengthening the effective coordination of Supreme People's Procuratorate and the Supreme Court; establishing the mechanisms for resolving the conflicts in advance, holding timely working meetings, forming the special organization to supervise cases, establishing a joint review system when meeting differences. Fifth, we should monitor the implementation of death penalty cases. Execution procedures is important to restrict the death penalty, but implementing and monitoring of the death penalty have an urgent need to improve, the judicial and administrative authorities should in charge of the execution. The prison of the Procuratorate as the main execution subject is a realistic and reasonable choice.The forth chapter is the improvement of prosecution supervision of death penalty.First, when applying, death penalty due process is to reduce the illegal sanctions, add barriers to prevent victimizes, protect the right of condemned criminal's last relief; build a sound system of the basic procedures to protect the bottom line of those condemned criminal. Then, we should upgrade their idea of prosecution supervision of death penalty. Procurators in law-enforcement practice is gradually accumulated to form and guide their behavior ideas, viewpoints, and psychological state combined. Prosecutor should be strict to adhere to the rules of the death penalty, and the due process. Prosecutor should improve the skills through the good mechanism. Last, reform the mechanism of prosecution supervision of death penalty. Improve the internal supervision and control processes.