Analysis Of The Due Process In Restricting Death Penalty

In view of politics, economy, legislative and historical and other factors of our country to consider,now our country is not yet able to abolish the death penalty. The restrictions and reduction about the use of death penalty have nowadays become a trend of judicial democracy development. In order to comply with our death punishment policy of"to kill less and cautiously",our judicial selection control death penalty by procedural ways. The death penalty review procedure as one of the due process of limit death penalty , is the people's court to review the case sentenced to approval by special trial procedure, plays a significant role in the control of death penalty. This article through to understand procedure for review of death sentence, analyses the present situation of death penalty review procedures, find out the problems in our country's death penalty review procedures, find out the cause of those problems, and try to advances the conception of improving the death penalty reviewing procedure.This text is divided into four parts, mainly as follows:The first part is an overview of death penalty review procedure. The article first introduces the basic theory of the death penalty review procedure, makes a detailed interpretation of concepts about the death penalty and the death penalty, points out the necessity of controlling the death penalty by due process, indicates that death penalty as one of due process that controls death and has certain advantages and necessity in the control of the death penalty.The second parts are the historical evolution of death penalty review procedure and the international comparative study. This chapter thorough introduces the procedures for death penalty review in ancient China and the evolution and development of the death penalty, simply indicates development process of the death penalty review process in modern times and points out that impact and significant of existing death penalty review procedures in our country. At the same time, through the comparison of Chinese and foreign relief program of the death penalty, our country accumulates experience about death penalty review procedures.The third part detailed analyzes the status and problems of death penalty review procedures and summarizes the cause of related problem. This section of this chapter analyzes these status and problems, mainly from the death penalty start, duration, scope, modalities, exercise and other aspects of the main comprehensive.The fourth part is to improve the concept of death penalty review procedures. This chapter sets up the correct concept of death penalty review, improves the specific system of death penalty review and establishes a sound supervision system of Death Penalty safeguards, sketching a picture about a death penalty review procedure with Chinese characteristic...