Death Penalty Study Proceedings

Death penalty is the severest punishment for it can deprive people's rights to live. And just for the unique character, many countries have abrogated the death penalty. It is unpractical for the legislation of China to abrogate the death penalty considering the national conditions and law in action. Although China is one of the countries applying the death penalty, it does not imply to use indiscriminately. On one hand, the legislation of China use it as a weapon to combat crimes and protect human rights, on the other hand, the legislation govern strictly about the implementation of the death penalty. So there is one particular procedure named death penalty review procedure means to govern the number of death penalty and unionize the standards. It takes a vital role in protecting the criminal's rights.The death penalty review procedure has experienced a circle process of unification and devolution since the foundation of People' Republic of China. The supreme court took back the power of reviewing death penalty officially on January 1,2007. The event is marked as the milestone of the legal system. Under the present situation, the present paper means to raise one question: can the supreme court execute the death penalty equally? Can the measure protect human rights? Everything has two sides, the unification of the death penalty has been solved, while some other problems appear at the same time which we have to put more attention. For example:the death penalty review procedure is becoming more and more administrative, deviating from prosecution direction it should have been.The present paper means to put forward some solutions to solve the the existing problems presents in the death penalty review procedure. And the only way to protect the criminal's rights is to make the procedure more legal.The paper has four parts: The first part is overview of the death penalty review procedure. It elaborate the death penalty review procedure form the concept, characters and the function.The second part is the literature review of the death penalty review procedure. It elaborates from the ancient times to the foundation of the People' Republic of China.The third part is present situation analysis of the death penalty review procedure. The purpose of the part means to find the existing problems.The fourth part means to solve the problems and advance some detail suggestion to improve the equality of the procedure.