The Ancient Review System Of Death Penalty In Our Country

Our country review system of death penalty in the ancient times is one kind of the criminal justice system having the Chinese characteristics, it is an excellent cultural heritage of legal action law in our country, it is also one of the notable signs that China genealogy of law differentiates the other genealogy of law in the world. Because of this system is closely related to the death penalty, to study this system, we should begin from the death penalty. Death penalty and law come into being accompanying class's separation and country appearing. The archaic penalty of our country had experienced a evolution from comparatively barbarous, cruel slavery penalty to relatively civilized feudal penalty, from Xia Dynasty which is the first slave-owner's state. The death penalty had also experienced a process from coming into being, being abused to being restricted step by step. In the process of restricting death penalty, the ancient review system of death sentence of our country arise, its creation and development have deep historical roots, and are affected by a lot of factors such as culture, economy, politics. Its creation one aspect is an inevitable result of careful thought about punishment; another aspect is the need that ruling class defends autocracy government. Its form also becomes more and more perfect step by step, developing from the form that emperor one people checking to many kinds of forms, such as "memorializing an emperor again" , "the system of joint trial", and "the autumn tries system" and so on. The nature of the archaic review of death penalty is that it serves feudalism ruling class, is that Royal prerogative controls judicial outcome under autocracy. But eliminating its class nature, its highly systematization and rational components among them have real significance for reforming and perfecting procedure for review of death sentence of our country currently in effect.The article mainly discusses the developing and perfecting process of archaic review system of death sentence, have analyzed the background of the system appearing, and have carried out a summary on this system characteristics. Full text is divided into four parts:General situation how the archaic review system of death sentence come into being and developed has been briefly introduced in Part I. In this part, the archaic death penalty has been briefly introduced firstly, then, the background and process that our country archaic review system of death sentence produces has been heavily analyzed, and development condition have been briefly introduced.Part II has discussed our country archaic review system of death sentence improving and perfecting in detail, especially the review system of death sentence of The Qing dynasty. The Qing dynasty is an expert with a comprehensive expression of Chinese archaic law, and the archaic review system of death sentence has developed well perfection in Qing dynasty. This part concentrates on discussing the procedure for judicial review of death sentence of Qing dynasty, two kinds peculiar system of review of death sentence, the autumn examine system and Chao trial system, have been discussed in detail.Part III has briefly introduced the death penalty playing system again. The death penalty playing system again and the review system of death sentence all so to speak are ancient careful punishment system of our country, both almost appear at the same time, studying the review system of death sentence has to mention the death penalty playing system again. The evolution of the death penalty playing system again has been briefly introduced in this Part, and the relation between it and the review system of death penalty has been analyzed.Part IV sums up the characteristics of the archaic review system of death sentence in detail. In this part, the characteristics of the archaic review system of death sentence are summarized, and its shortcomings and merits are pointed out. Combining modern review system of death sentence of our country, author gives some rationalized suggestions, hopes that they are beneficial to the construct of modern review system of death sentence of our country.