The Research On The Death Penalty Approval Procedures Participation Mechanism Of The Procuratorial Organs

The death penalty approval procedure of The supreme people's court has the feature of administration and closure, which doesn't accord with the request of the essence of procedural justice. This is critisized by scholars in long-term. To break the excessive executions and closure, combining the judicial system in China, the author thinks that proper importing of prosecutorial power can strengthen the legal supervision to death penalty approval procedure of The supreme people's court, meanwhile, it accords with the requirements of procedural justice and the central judicial reform.Besides the preamble and accessories, it contains four parts:In the first part, the author firstly from death, approval procedures and participation mechanism, then puts forward the concept of death penalty approval procedure participation mechanism of the procuratorial organs. At the same time, pointed out the procuratorial organs participating in death penalty approval procedure has three theoretical basis:the power restriction, public procedure and protect human rights. Meanwhile, it has the legal basis of constitution, the basic law, organic law, and etc. It has make positive and realistic sense on enriching connotation of the procuratorial supervision, safeguarding judicial authority, and protecting the tights of the parties of criminal procedure.In the second part, the author firstly introduces the historical situation of the procuratorial organs participating in the death penalty approval procedures on legislation and practice aspects. Then from the current legislation, the existing problems, causes, and reforms, the author analyzes the situation of death penalty approval procedures participation mechanism of the procuratorial organs. Through the analysis of the current situation,the author points out that no change causes no law systems on this aspect. The main reason lies in having no a set of effective participation mechanism. In addition, the author also notices the latest attempt that the procurator-general participats in the judicial committee, but overall, the result is not good.In the third part, the author make the chinese death penalty approval procedures clear, and introduces briefly the procedure of death penalty in the United States, Japan and Taiwan, then points out the similarities and differences. The difference ared different trial level, different position of procuratorial organ after trial, and different participation of administration after trial. The common are lack of special trial procedure to the cases of death, adopting litigation in death penalty approval procedure, special provisions in the execution of death penalty, especially can apply for pardon and commutation, and etc.In the fourth part, the author firstly analyzes thr four specific modes of the death penalty approval procedures participation of procuratorial organs, they are the litigation pattern, half litigation pattern, the administrative mode and other modes. Afterwards, points out that it has three principles, they are the procedural justice, program benefit and power restriction. Based on these, the author puts forward two judicial organs participation pattern, and discusse the participation purpose, subject, object, and etc, thus summarizes it has the features of neutrality, initiativity and comprehense. Also points out that the construction of this pattern is to adopt the corresponding measures.