The Supervisal By The Procuratorial Organization On The Case Of Death Penalty For The Second Trial

The People's Procuratorate examines the case of death penalty for the second trials and dispatches public procurators to attend the second trials courts, which embodies the People's Procuratorate fulfill its legal functional authority in terms of laws. The People's Procuratorate completely gets involved in the case and start a court trial, which can strengthen the monitoring to the death penalty cases, is helpful to form correct conclusions of the second trials, and has the positive effect to the procedure of death penalty check. The most important and fundamental function of the procedure of criminal second trials is that discover and correct the mistakes took place in the first trial and accurately punish the crime. This function appears to be particularly important because the practice of death penalty may not be changed. As a national law surveillance institution, it has the following two responsibilities in the procedure of death penalty cases for the second trials: One is to continue to support the public prosecution; the other is the functional authority of lawsuit and surveillance. Also because the procedure of death penalty case for the second trials'main basic function lies in the error correction, procuratorial agency's main functional authority in the death penalty case for the second trials is supervising.According to my working experiences in examing the cases of death penalty for the second trials, we find it that there are many problems in case investigating, case examing, case lawsuit etc. Finding out these problems will help us to improve and correct the procuratorial agency's surveillance. The author thinks that the procuratorial agency's surveillance has two fundamental purposes: one is to check on the fact and evidence of death penalty case strictly to make the fact clear and make the evidence reliable, avoiding the unjust cases; the other is to see whether case is suitable for death penalty. To carry out the policy of death penalty—"few kills","cautious kills".The author gives following thoughts and suggestions about how to improve and correct the surveillance to the case of death penalty for the second trials:Firstly, We must check on the fact and evidence strictly to avoid unjust case. Confession is the major evidence for deciding on a verdict, facing this current situation, we must carry out the functional authority of surveillance. In that case, we could judge whether the defendant's confession is true or not. Insist on avoiding illegal evidence, and guarantees the facts clear, the evidence is completely true. One is to establish the system of death penalty case detectors appearing in the court to testify, another is to consummate the system of death penalty case witness and appraiser appearing in the court to testify.Secondly, we should carry out the policy of death penalty—"few kills","cautious kills"and the author accurately proposes the idea that is whether a case is suitable for death penalty. The prosecutor in the court should propose whether the accused should be suitable for the death penalty.At last, it is necessary to consummate the regulations of the cases of death penalty for the second trials, and improve the ability of surveillance to the death penalty. Firstly, to insist the principle of putting the comprehensive and major examination together. Based on the comprehensive examination to hold major examination focusing on the appeals and countercharges. Secondly, to strictly use interior examination procedure to death penalty case for the second trial to keep the quality of handling cases. Thirdly, to standardize the system of handling the death penalty case for the second trial. The fourth, to know the limits of independently handling the case of handling the death penalty case for the second trial.