Legalisation Of Procedure For Judicial Review Of Death Sentences

Since the death penalty review right to recover the Supreme People's Court, its function into full play has been given high hopes. The death penalty review process has also been put on the improvement of the agenda. Meanwhile, the due process requirements are also provided for the correct handling death penalty cases, a train of thought. Although the death penalty review power has been recovered, the relevant policies, laws and regulations also brought out. But how to achieve the proper procedure is still controversy, and relevant supporting measures in practice has not received good results. So, try this article from a cut into the due process standards to try to build a more just death penalty review procedures, in order to improve the referent judicial reform.This approach to analysis and demonstration, the body is divided into three parts.While the first part describes the essence of the death penalty review process proceedings, but its lack of a written pre-trial proceedings, supervision in missing and the lack of rights of recourse relief mechanism does not meet the requirements of the standard to justify. Try the general requirements of due process from start to analyze the nature of the death penalty review process attributes. Namely, the proceedings of the general requirements and the death penalty review process functions, leads to the death penalty review process to justify the two standards.By the second part of the right to review death penalty has been recovered after the analysis of the status quo that is set to clarify it does not meet the standards of due process criticized. The first is a lack proceedings, mainly as being inadequate protection for prosecution and the prosecution of people involved is inadequate. The second purpose for the lack of co-manifested mainly as a written examination to make the review process becomes a mere formality, as well as the composition of the Supreme Court review of the death penalty can not be achieved the death penalty review process function.The third part of its remedy for the death penalty review process itself of the ills to Jane off, culminating in the proper transformation. To justify the death penalty review process standards include: First is actionable; Second complies with the purpose. These two standards throughout the full text of the review of the death penalty a legitimate transformation of the programmer to play the role of ruler. It is my transformation from a lawsuit Hop purpose of the transformation of two aspects of a comprehensive vision, trying to make the death penalty review process that is consistent with its fixed capabilities. At last then the prospects for the death penalty review process has made some forward-looking projections.