Research On The Execution Of Procedures For Death-penalty

Since reform and opening, along with rapid economic development of rapid social transformation, China's rise in all kinds of crime, social order has worsened. To combat serious crime, there is a strong social base making the death-penalty be retained and applied in China. In addition, under the influence of traditional concepts, people's attitude to retain the death-penalty are positive. But the right to limit or abolish the death-penalty has become a worldwide trends, there are 110 countries or areas have abolished the death-penalty or actually limit the death-penalty. "World Declaration of Human Rights", "Civil and Political Rights, the International Covenant" and "On protection of the rights of persons facing the death penalty measures" are made on the death-penalty applicable to restrictive provisions. Some scholars in China are trying to promote the abolition of the death-penalty, but the mainstream view is that China's death-penalty criminal policy should go from the reduction in restrictions on the death-penalty for a gradual transition to abolish the death- penalty process, the future retain a fairly long period of time, and the practical implementation of the death-penalty would be China's Criminal policy choices. Therefore, the implementation of procedures to study the death-penalty, not only can play a criminal procedure restrictions apply to the death-penalty, but also for promoting the implementation of the death-penalty more civilized, change the public concept of protection of human rights led to the in-depth development is of positive significance.This text is divided into three parts.The first part, from the execution process features, functionality, value, start with the basic theoretical issues, drawing on previous research results, through a number of sorting out and explore the theoretical point of view, combined with protection of human rights and the abolition of the death penalty the international trend to explore the value of the death penalty enforcement procedures. In this execution of procedure based on the inherent features and functions to be valuable. Defined the execution process value, also defined the procedures for the revision and perfection of execution when the basic principles of construction.The second part, the main analysis of the implementation of China's current death- penalty procedures exist in theory and practical problems. Theoretical study of the death- penalty less than shown in the implementation process: domestic scholars to focus investigation, prosecution, trial procedures to ensure the accuracy of the role of death penalty cases, intentionally or unintentionally, ignoring the implementation of programs to prevent victimizes functions and the implementation of the special nature of the death-penalty; on the implementation of humanitarian lack of knowledge. The main problem in practice, due to a lack of execution operable harmonization of norms and rights of relief programs, resulting in the application of the death-penalty around the implementation of procedures apply to vary considerably. These issues affect the uniformity of law, is not conducive to protection of the human rights of death row.Part three, in analyzing the shortcomings of China's death-penalty procedure, based on the example of some countries and China's Taiwan region execution of the law, put forward a sound idea of China's execution procedures and standards, and from the implementation of the main body, the execution time, place, manner, etc. a few specific ideas put forward a sound.In this paper, to analyze the evidence-based, but also using value analysis and comparative analysis of research methods. In relation to basic human rights such as the right to life, the value analysis method can not be avoided, but in view of theory of value pluralism. Since my capacity, this theory of value only in criminal proceedings as a basis for the pass that set the value of the death-penalty execution procedures.