On That Reprieve Shoud Be The Necessary Procedure Of Executing Death Penalty.

As a original punishment in our country, reprieve is order to restrict and reduce the use of death penalty as a whole. The practice of judicature for many years has proved that reprieve is a effective punishment and it embodies the penal policy of"killing less and cautiously"in our country. At the same time, we should know that the amount of criminals who were sentenced to reprieve is about one fourth of the amount of criminals who were sentenced to death penalty. By the development of the idea of human rights, the right of life is increasingly regarded as a natural right which cannot be deprived and cut down. Every country in the world generally admits that death penalty acts against the system of judicature which is based on the thinking of human rights. The text considers that we should perfect the system of reprieve and make reprieve become the prerequisite procedure of executing death penalty on the condition of abolishing the death penalty hardly. This text brings forward the idea of restricting strictly death penalty by the system of reprieve. The text also brings forward some promethean opinion about the legislation of reprieve. In the aspect of substantiality, the criminal who is sentenced to death penalty should be sentenced to reprieve for 2 to 8. If the criminal who is sentenced to reprieve transgresses again and he is sentenced to set term of imprisonment, the term of imprisonment of new guilt will be as the term of reprieve. If he is sentenced to life imprisonment and death penalty, he will be executed by the Supreme Court. In the aspect of procedure, the law should definitely prescribe the term of sanction of reprieve. The law also should definitely prescribe that High Court should hold a court to approve the case of reprieve and the defendant should be provided with the right of justification, especially the lawyer's right of justification in the procedure of approving reprieve.