Study On The Procedure For Review Of Death Sentence

The thesis consists of three parts.Part One:the summarization of the procedure for review of death sentence. The thesis firstly introduces the procedure for review of death sentence briefly, and secondly puts attention on the key part-- the transferring the approval authority of capital penalty and the reasons. The changes of the procedure for review of death sentence are kept conflicted,but the reform is always according to the social need,which is also the important point when we think about the reform.Part Two: the situation of the the procedure for review of death sentence. Since the Supreme People's Court takes back the approval authority of death sentence, the Supreme People's Court has been drawn up two judicial explainations to revise the procedure for review of death sentence.The thesis introduce the whole procedures,including the beginning of the procedure,the organization of the procedure,the jurisdiction,the review procedures,the judgement and the order.On the base of judicial experience and the key theories of the reform of the approval procedure, the author analyses the main problems of the procedure for review of death sentence.The author carefully appraises the functions the procedure for review of death sentence,and concludes that the functions are exaggerated. The reform could not go through well until the function of the procedure is reasonably defined.Part Three: the ideal model of the procedure for review of death sentence.Firstly,the author proposes some improved programs to solve the practical problems about the simple procedures: 1,jurisdiction according to the type of the cases;2,adjustment the ways of judgment and order;3,differentiate the range of the review,centering on the application of law. Secondly, as an important attempt on the procedure for review of death sentence,the Supreme People's Court could permit relative people to attend the review to further the function of the procedure.Finallly,from the view of the whole procedure,the author analyses the present policies about the death sentence,suggests to improve the relative rules about the death sentence: 1,progresssively establish the standard of the application of the death sentence when review of the cases;2,reform the detective procedures.