The Due Procedural Control Of Death Penalty

The due procedural control of death penalty justice is that under the direction of policy of strict death penalty limitation, by strictly following the procedural provision about death penalty in criminal procedure, the strict application of death penalty can prevent wrong-death penalty and realize the end of fewer-death penalty in the object field. With the rapid development of modern civilization and worldwide human rights campaign, the death penalty has become a universal orientation to restrict, reduce and even eradicate death penalty. However, the justice realization of death penalty policy is full of difficulties in China. The high rate of death penalty sentence and execution have much to do with the non-effection in the process of death penalty practice of China's policy of the limitation of death penalty. For reasons, there exists the tradition of the preference of substantive law, the effect of procedural control of death penalty justice is still much to be desired. On the view of criminal substantive control and procedural control, we can draw a conclusion: it is very difficult to limit the application of death penalty to the lowest extent under the condition that there are still many crimes with death penalty in criminal legislation. We can reach this purpose if the function of due procedural control of death penalty justice can be developed.This research, focused on establishing and improving China's due procedural control of death penalty justice—are framed in four chapters. The issue is proposed in Chapter I, has taken an overview of the existing death policies outside and inside China from a comparative perspective. In Chapter II, it is provided two modes to control death penalty: substantive control and procedural control, ending in a conclusion that the due procedural control of death penalty justice is a universal trend. Chapter III has introduced the value basis, as well as the reasons of choosing the due procedural control to confine the scope and scale of actual executions of death penalty in Chine. Chapter IV constitutes and improves China's due procedural control of death penalty justice.