On The Death Penalty Review Proceedings Of The Litigation

The death penalty reviewing procedure is a special procedure that is set for the defendant who was sentenced to death in our country's criminal procedure. It is an independent trial procedure that with Chinese characteristics and without system of terminal trial. The death penalty is also the last entrance of death cases.The number of death penalty is control strictly by the death penalty review procedures. However, there is more or less defect to exsit in legislation and the judicial with various reasons, affect the function of normal exertion. The death penalty review procedures are in the name of practice and not good for human rights of the defendant. It also doesn't accord with the basic requirements of procedural justice. The main performance is: starting with initiative passivityly without the characteristics of and jurisdiction and negativity; no equal participation without principles of criminal lawsuit; written, secret trial againsts the judge the principle of openness; no time limits violated the criminal lawsuit efficiency principle.There are variouw reasons what the death penalty review procedures exertion are caused. It is not only from the death penalty review system of ancient times in China, and the influences of the "long with the entity, light program", "giving priority to efficiency in fair" concept. Today, China's economy has developed greatly, democratic and legal construction has made great progress, and other relevant penalty system is improved, so, the reform of the death penalty review procedures are possible. While the lawsuit idea as modern human rights and procedural justice, openness, fairness and efficiency procedure is composed of reconstruction of the death penalty review system in theoretical foundation.The author believes that the death penalty review procedure since is a trial procedure, it should accord with the characteristics of litigation, complying with the law, and litigation will be built in the form of litigation. Therefore, we shoule reform the death penalty review procedures in litigation with change of initiative from negetive starting way to passive one, allowing the equal participation, establishing openess of the death penalty review procedures, establish and implement principle of direct verbal trial. The death penalty review period specified.At the same time, to perfect the related system.Anyhow, the only available through various channels for the death penalty review procedures, gives full play to the deficiency of death penalty review procedures, can make its own advantages in the new historical conditions for our legal construction, it is also for limit applicable death penalty, protecting defendants' legal rights that are played its proper role.