Research On The Implementation Of Procedures For Death Penalty

Execution procedure is the last step in Death penalty cases. As the death penalty should be retained in our country at present, in addition to applying rigorous trial procedures to ensure the correctness of the death penalty, we should strictly regulate the procedure of execution, set legislative rigorous, run the efficient implementation of procedures, guard the final pass of criminal proceedings, fully protect the legitimate rights and interests of death row and ensure the correctness of execution. This paper will examine the last resort of the implementation of procedures for death penalty cases in five chapters.The first chapter is an introduction. From the fact that the death penalty can not be abolished in China, I focus on the definition of death penalty execution and basic characteristics of execution procedure, and make a further analysis of the value of death penalty procedures and its special status in criminal proceedings. The second chapter is to present literature review. Like the evolution of the death penalty in other countries and districts, China experienced the similar process in implementation of the death penalty, from barbarism to humanity, from the cruel to civilization. Through the historical research of execution procedures in ancient and modern China as well as those in foreign countries, I have clarified a thread to the development so far from the ancient in the implementation of the death penalty.The third chapter is to present the present situation and shortcomings in implementation of procedure for death penalty. I have made a deep research on the present situation of legislation and judicial practice of the implementation of procedures for death penalty in China, and have analyzed those revealed defects like the improper executive agent, inappropriate supervision, inadequate humanitarian intervention, inappropriate places in the implementation, being unequal in execution, loopholes in after-care supervision and the lack of right in legal counsel.The forth chapter is to present proposals for the implementation of procedures for death penalty. It mainly includes:the settings of participation in execution, including setting up an independent executive board; improving the supervision offered by procuratorate; introducing the supervisory system with witness, etc.; the humanitarian measures added in executions, including the right to know to protect death-row inmates and their families, the right to protect the temporary pre-sentence meeting, the right to give death-row inmates the necessary "execution Care" and other measures; the setting-up of a fixed execution sites; regulating the implementation of the rehabilitation work, including the procedures to handle the bodies and organs of executed prisoners and the review of their last words; increasing the right to legal counsel for death-row inmates in the execution procedure.