The Outline Of Three-instance Trail Procedure In Death Cases

The revision procedure of death penalty is a unique and special procedure in our criminal procedures and it is an exception in our two-instance trial system. The original intention of conducting the procedure is to exam the application of death cases strictly, avoid making mistakes and at discretion when apply it and provide more protection for convicts. However, the design and operation process of this procedure have serious malpractices in litigation principles, inherent rules and actual effects. The original intention can't turn into practice. The problems exist in the revision procedure of death penalty lead to more and more oppugn and kickbacks from scholars in law research fields and other fields. Scholars put forward a few kinds of suggestions in order to reform and perfect the revision procedure of death penalty, among which the suggestion that the approval authority shall be called back to the Super People's Court is the one that most people approve it. The thesis puts forward that the scheme of the whole system of revision procedure of death penalty is problematic. Thus, it is not enough for reforming and perfecting the revision procedure of death penalty to involve in the problem of transferring the approval authority to high people's courts and calling back it to the Super People's Court. It should be reconstructed the total procedure in the guide of some litigation values and some litigation theories. The ideal blue print is to reform our trial grade system, replace the two-instance trial system of death cases with three-instance trial system and replace the revision procedure of death penalty with the third trial procedure. In this way, the ultimate power of trial will call back to the Super People's Court. The revision procedure of death penalty that exists in name only will be turned into an unattached trail procedure that ensures the fairness of sentence discretion through the fairness of procedure, and completely carries out the policy of wheen and scrupulous killing. The thesis is divided into four parts. The first part introduces the present situation of the revision procedure of death penalty, anatomizes the procedure's malpractice and points out the necessity and emergency of the reform and perfection of the revision procedure of death penalty. The second part provides and elaborates three general principles of reform and perfection of the revision procedure of death penalty, which including: 1,the principle of limiting the amount of the death cases; 2,the principle of giving priority to justice with due consideration to effectiveness; 3,the principle of due process. The third part puts forward the method of abolishing the revision procedure of death penalty and conducting litigation reform for the death cases. Then the article systematically analyzes the reason of the reform in this way. The fourth part explores the distinction domination, initiation, the way of constitutes and the principles of deliberating cases of collegiate bench, defense system, proving standards, trial scope, trial type, trial period decision-making of the third trial procedure.