Research On Court Hearing In Death-penalty Case Trial Of Second Instance

In China, when people in the legal theory science and the practice departments reconsidering the reason of death-penalty mistaken sentences, they often first think that it is because of the death-penalty review procedure or superior court's checking, but they actually pay little attention to decide of the procedure in the death-penalty case whether fair or not. And people hope the afterwards relief of the higher authority court. As in Chinese judicature practice, the trial of second instance court in the case hold a court hearing little which appealed by the accused person, the call of reforming is continuously increasing. Recently, Supreme People's Court develops judicial reform of court hearing in death-penalty case trial of second instance. As the base of reclaiming review of death sentence right, it steps out an important way on reforming of trial of second instances hearings. However, if complying with the angle of more reasonable legal action structure, court hearing in death-penalty case trial of second instance is still facing with a lot of problem.This article mainly adopts the method of theory contacting practice and comparison research, Chapter 1 general analyses the "Supreme People's Court's notice on doing a good job of court hearing in death-penalty case trial of second instance " and "Stipulations about Certain Procedure Questions of court hearing in death-penalty case trial of second instance (Implementation)", taking the present reforming situation as the starting point. Chapter 2 takes the massive material as the backing, through studying the legal system and the legal practice developing process and the present situation which our country death-penalty cases tries, simultaneously compared death-penalty procedure legal system and practice with the country who reserves a death-penalty on the international, in order to recognize the reforming direction. Chapter 3 analyses the problem of court hearing in death-penalty case trial of second instance facing with on transforming suitable ideals with aspect, the role localization, using the evidence, running guarantee difficult position and so on. Chapter 4 raises the relevant tactics and suggestion. And that draws the following conclusion:First, as the fact that carrying out reforming ascertaining a propulsion and going deep into, all effectuations of death-penalty cases second instance are started trying, and the impingement that inertia brings about to the system and judiciary currently in effect will gradually the more bulge. The contradiction and the question in the practice are also more prominent. It urgently waits further to solve.Second, in order to approach the justice of suit entity and procedure, it needs to do further consummate by using the criminal policy nimbly, improving court hearing structure, building the relief procedure additionally and enhancing reform guarantee and so on.