On The Modern Reform From Resubmission, Internal Approval To The System Of Reviewing Death Penalty Cases

The system of reviewing death penalty cases is one of the few modern procedural laws which directly originated from the ancient Chinese legal system. Deeply rooted in the value system of the ancient Chinese legal culture, the ancient system of reviewing death penalty cases played an irreplaceable role in practice. Though in accordance with the policy of "killing fewer and being cautious while handling death penalty cases", the modern system of reviewing death penalty cases, for lack of its inner value, tends to be affected by utilitarian criminal polices in practice and consequently it cannot fully exert its function. Therefore, the paper suggests that only when we set up humantarian values and view the restriction and annulment of the death penalty as the aim of designing the system of reviewing death penalty cases can we step out of the shadow of the formalism of the system and really exert the function of the system to the full.