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Rational Analysis Of Misjuded Cases Of Death Penalty Under Lawsuit Procedure

Posted on:2010-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:T T LuFull Text:PDF
GTID:2166360275995287Subject:Law
Abstract/Summary:PDF Full Text Request
The death penalty is capital punishment that deprive the criminal's life,is severe method of the ruling class. It concentrated manifest penalty's essence,function and goal .So long as the case exist,the misjudged cases will occur. However, misjudged cases of death penalty is the most inexcusable mistake,because it has deprived the precious life of people. In 2005,appearance of She Xianglin who was punished unjustly 11 years,has aroused widespread interest in entire society. This has launched to stern denouncing of misjudged cases of death penalty. It also has initiated the author's ponder of people's life and suspicion of the death penalty procedure, this is just precisely the reason of the master paper.The paper unifies two pieces of precedents closely,it has analyzed four primary causes which misjudged cases of death penalty produces,and put forward the concrete conceptions which solve the problem from the angle of consummate the judicial idea and innovate the criminal lawsuit system . The paper altogether divides into four major parts,each part is mutually independent but closely related.The first part through two erroneous cases of death penalty which occurred in the 1990s,draws forth the problem that misjudged cases of death penalty in our country now. Although our country have severe sentence principle of legal culture tradition in thousand years,but along with development of the time and progress of the human cognitive ability, human rights consciousness of people is gradually promoting in our country. The death penalty is irreversible,but it urges people to ponder the death penalty problem thoroughly.The second part elaborates clearly the concept which misjudged cases of death penalty,based on this and indicated realistic significance that research misjudged cases of death penalty. It including three big aspects that realize the judicial fair,defend the legal dignity and safeguard life power.The third part unites the select cases to study origin of misjudged cases of death penalty. This part analyze the origin,set a basis for the following paper.The fourth part is mainly put forward countermeasures through the angle of renew the judicial idea and innovate the criminal lawsuit system. This part is focal point of the paper, even more composes goal of this paper. In consummate the judicial idea, we must first probably emphasize the principle of "procedure justice",not only the rule of proof,but also the value connotation,it is manifestation of the human rights in the procedure cognition. In the aspect of innovate criminal lawsuit system,the paper analyzes three big lawsuit stages from the detection,the prosecution and the trial,it emphasizes specially strengthen the legal help of death penalty cases,reform and consummate review procedure of the death penalty,propose the countermeasures target-oriented. All in above are inevitable ways to change the present situation of the misjudged cases of death penalty in our country without doubt.
Keywords/Search Tags:Lawsuit procedure, Misjudged cases of death penalty, Origin, Idea renewal, System innovation
PDF Full Text Request
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