Death Penalty Cases, The Program Studied

Capital case is a kind of complex and controversial criminal cases in substantive law and procedural law. Nowadays, the theory research of capital case mostly is restricted to substantive laws, such as execution and existence of it; the procedural study, which is restricted to review of capital penalty, is absent. The scanty of theory research, crudity of legislation practices and complexity of legal practice, or scanty of legislation for many legal practice problems, or slur regulations and scanty of legal consequences lead to confusion in theory and legal practice. Therefore, it is mining that we strengthen the theory study of capital case procedure, summarize the found problems and antinomy on procedure in the capital case, study their practise reason and resource of theory and clarify the error and mistake on theory of capital case procedure, for us in the theory value and practice meanings to swiftly and duly sentence capital case, realize the fairness of sentence discretion by the fairness of procedure, and earnestly carry out the policy of "wheen and scrupulous killing".This theme includes two parts, ten sections. The first part will discuss the basic theory of the capital case procedure on the angles of its history and value. The first section will introduces the history of capital case, the long-history penalty, including its origin, deluge and decline, briefly analyzes the reasons and discourse upon the present policy and legislation. The second section will study the historical changes of the capital case procedures on home and abroad systematically and comprehensively, analyze the two parts by comparison and find the rules of changes of the both. The third section is the core part of this theme. It will research and study the value and ideology connotation of capital case procedure on the angle of theory on the base of its specialties. First of all, the main reason why the capital case procedure has specialties is the differences of objects of criminal procedure. But, since the capital case procedure is a kind of criminal procedures in its nature, it shall have all basic characteristics and operation rules of criminal procedures, as well the common values of all criminal procedures. This theme thinks that the value of capital case procedure shall include justice value, order value, human right protection value and efficiency value, etc. The justice value requires that the design and construction of capital case procedure can realize the substantive justice, fully embodies the value requirements of procedural justice. The whole and full embodiment of procedural justice value is the mostly direct and most vivid content of value of the rationality and justness of capital case procedure. So, procedural justice shall be included in the basic value of criminal procedure, which includes capital case procedure. Order value requires not only shall the rational operation of capital case procedure meet the requirements of order value, but also the criminal procedure itself shall reflect the natural requirements of order value, that is to say that the operation process of capital case procedure shall meet the requirements of order value and show the order value by the way of efficient operation of capital case procedure. The process of the procedure is the dynamic revelation process of order value. Human right protection value requires that the design and operation of capital case procedure shall meet the fundamental requirements of human right protection, fully and comprehensively protect the party's litigious rights and personality respect, guarantee efficient and full participation of the party in the whole sentence process, and fully respect and embody the personality respect and subject position in the legal relation. The operation procedure of capital case shall be a processthat protects and reveals the human right. Efficiency value requires that the capital case procedure shall consider the dialectical relationship of suit cost and outcome to warrant the maximum suit effect with less payment, wh...