Study And Improve The Death Penalty Review Process

The death penalty is torture, should be applied carefully. Since the founding of our country, that is, through legislation in criminal proceedings provided for the death penalty review proceedings. However, due to careless legislative, judicial willful, in particular, the Supreme People's Court approved the death penalty on the devolution of power, leading to the death penalty review procedures for the virtual home, unable to play an effective role. Earlier, the Supreme People's Court to recover the academic community the right to approve death sentences on the need to more fully rational. Today, the Supreme People's Court has approved death penalty cases to recover the exercise of the right to reunification. But in the current operation of the death penalty review procedures still exist, like the action is unclear, the proceedings activate automatically, the forms of trial organization is not stringent, vacancy of the defendants and their counsel procedures involved in the status, the trial is not open, the scope of the trial is too large, trial period is uncertainty, the death penalty review procedures and trial procedures are combined into one, oversight of vacancies on people's procuratorate and so on ,which all impact negatively on operating results of the death penalty review procedures . According to the cases of the law on death penalty in the trial proceedings in developed countries such as Japan, the United States , the researching history of the death penalty review procedures have helped to improve death penalty review procedures, promote the rule of procedures for "the protection of human rights", "Prevention of manslaughter," and "reduce the indiscriminate killing" playing normally.