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Jurisdiction Controle Of Death Penlaty

Posted on:2007-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Q MaFull Text:PDF
GTID:2166360218462328Subject:Law
Abstract/Summary:PDF Full Text Request
Recently huaman rights and thoughts of life is paramount deeply rooted in people's mind. The initiation of abolishment of death penlaty enjoys high popularity in countries. The right of Chinese death penlaty review has been returned to Supreme Count and the second instance of death penlaty should be in open trial, which ignites the discussion of that the death penlaty should be abolished or not. The essay analyses the problems in policies and in implementation of death penlaty from the angles of worldly vision, policies and implmentation of death penlaty in China. And the essay makes elementary arugement in how to improve the system of death penlaty by judicial procedure controle.The essay is composed by five parts and the context is as following: the preamble introduces policies of dealth penlaty in the world by demostration of development of dealth penlaty, of arguments of whether to abolish death penlaty or not, of how to implementate death penlaty in the world, of the spirit of international act. The aim of introduce of advanced thoeries, legislature and judicature in other countries is to improve the situation of death penlaty system in our country and makes the basis of a comparison between situation in the world with the situation in our country in the latter part of the essay. The first charpter, from a longitudinal angle , analyses the policies of death penlaty in detail since the P.R.C was founded, makes foundmental introspection in actions against death penlaty policies in judicature, evaulates harmness of abusement of death penlaty and provides the improvement way. The second part analyses why death penlaty is applied frequently in judicature in our country and points out some misunderstandings in the field of death penlaty. The third charpter and forth charpter is the focus of the essay. The third charpter arguing that controle the application of death penlaty by proper judicial procedure. Based on the currunt situation in our country, the essay discusses comprehensively the vaule and performance of proper procedure to controle the application of death penlaty by the way of combination of thoeries and practice, of comparison between other countries in the world and China and by observation of the histrory and the reality. The forth charpter focuses on how to improve death penlaty system in criminal law and in procedural law. Based on analysis of the current situation of legisleture and judicature in our country, the part provides suggeations on investigation, defendence, trial, proof, implementation of death penlaty, remittment of death penlaty, improvement of death penlaty system and litigation improvement in review of death penlaty from macro angle and micro angle.The essay aruges by the way of comparison, induction and deduction.
Keywords/Search Tags:Death penlaty, Proper procedure, Review of death penlaty, Jurisdiction controle
PDF Full Text Request
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