The Legal Perfection Of Procedure Of Judicial Review Of Death Sentence

Death sentence is the method of punishment, which is the most severe and the oldest penalty in the world by far. Death sentence has the character of non-restitution, as it relates to the right of life. Because of its severe and irreversible nature of the death sentence, we set the procedure of judicial review of death sentence as the special procedure which is different from the ordinary first trial procedures and second trial procedures. The reason is to ensure the correctness of the death sentence, to prevent injustice. It is the symbol for importance to human rights and respect life.The Supreme Court retakes the power of judicial review of death sentence, which is the beginning of modern sense of procedure of judicial review of death sentence. Since then, the supreme court has conducted the relevant interpretative provisions and further improve the procedure of judicial review of death sentence, according to the operation and the problems of this procedure. However, it should see that there are a lot of problems in our procedure of judicial review of death sentence, such as people's procuratorate which is the prosecution and the supervisory authority can not effectively participate in the program; rights of the accused can not be effectively protected; supervision of the power of the people's court in state-free indulgence and so on.It is based on the study of these shortcomings, the author tries to discuss this article by using the method of "publicity" to reform China's current procedure of judicial review of death sentence in order to effectively protect the legitimate rights of the accused, reduce and even prevent miscarriages of justice generation.The first part of this paper is to define the concept, discuss the character and the value of the procedure of judicial review of death sentence. The second part of this paper introduce and comprehensive analysis the United Nations and other world of special protection on death penalty cases and other special relief program from a macro point in order to give the inspiration to our transformation of the procedure of judicial review of death sentence. The third part of this paper discover the issues of the procedure of judicial review of death sentence, recommended the method of "publicity" to reform China's current procedure of judicial review of death sentence and analyze the feasibility of this assumption. The fourth part is concrete implementation of above mentioned idea from the aspects of the principle, methods, lawyers involved in, the court set and the supervision mechanism. Ultimately, I hope that the above mentioned can give a positive reference for the improvement of procedure of judicial review of death sentence.