| The death penalty is the most severe penalty which deprives criminal offender's life. It has become a mutual recognition of world majority countries and area to limit death penalty and even abolishes the death penalty. On current and in next times, it is impossible to abolishes the death penalty in our country. But our country always have been advocating control strictly and reduced the suitability of death penalty, and this criminal policy implementation during criminal legislation. The impartial procedure is the foundation of the impartial entity, and it is the value goal of the Law of Criminal Procedure. The procedure of the death penalty has influential significance and role to apply to the death penalty correctly. Then, applying to the death penalty, the first trial is a foundation, and the second trial is a key. So-called key, that is because of the second trial procedure is the solid check procedure. In certain significance, the object of the second trial is not the Fact, evidence or reason which has been submitted by either of the accuser and the defender. It is the decision of the first trial court. The death penalty second trial cannot become a mere formality or practice the formalism.This thesis adoptes the methods of comparison and demonstration analyse, with the actual situaition in China, from the angle of judicial controling of the death penalty, discusses several main questions about the second trial procedure of Death penalty case, and puts forward the proposal to the related legislation's consummation.This thesis consists of five chapters. The following is the main content of each one.Chapter one outline the second trial procedure of the death penalty in China.Chapter two analyzes the legal of the second trial procedure of the death penalty abroad.Chapter three analyzes the legal flaw of the the second trial procedure of the death penalty in China.Chapter four analyzes the legal suggestion of the second trial procedure of the death penalty in China.
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