Research On The Relief Procedure Of The Case Of Death Penalty In Our Country

The relief procedure of the case of death penalty takes its value like justice, safeguard of human rights, efficiency as the important theoretical instruction for settling the case of death penalty fairly , reasonably, effectively and implementing reasonably, legitimately the death penalty policy that kills little and cautiously. Our country has stipulated an special relief procedure -the review procedure of death penalty on the base of two-tiered system in view of criminal cases that is sentenced to death, it plays a certain role to guarantee the quality of the case of death penalty, persist killing little, prevent killing incorrectly and maintain the legal system of socialism. However, there is much malpractice that it can't overcome by itself in the legislative and systematic stratification, the review procedure of death penalty "duplicates" but not "checks", it doesn't conform to the fundamental philosophy of modern criminal procedure and the international development, as a result, the incorrect cases is hard to rectify in practice. Therefore, the reform of the relief procedure in the case of death penalty is still a hot topic in the current reform of judicial system.On October 26th, 2005 the Supreme People's Court issued "the Second Five-Year Reform Summary in the People's Court ", according to the policy that the party and our country has promulgated about respecting and safeguarding human rights and limiting death penalty strictly, it indicates explicitly that the Supreme People's Court decided to change the situation that the Higher People's Court is authorized to exercise the authority of reviewing partial cases of death penalty at present, and it will take the authority of reviewing cases of death penalty back to itself to exercise. It is to say that the measure that the Supreme People's Court takes has the vital significance to limit the application of death penalty strictly and unify the standard to suit death penalty, it has indicated that the judicature respects the right of life and values the safeguard of human rights, the act wins unanimous praise of the public.But we must notice that only taking back the authority of reviewing death penalty would not solve the problem basically, we should change the review procedure of death penalty into one kind of legal procedure completely - three-tiered, on the base of strengthening the function of...