On The Justification Of Death Penalty Execution Procedure

Death penalty originates from ancient times, when the light of reason has yet to shine. It is the most severe criminal penalty and has the characteristic of irreversible. As the human civilization and the consciousness of human rights protection gradually improve, there appears a trend that requires countries all around the world to abolish the death penalty. However, death penalty is still one of the most important pillars of the penal system in China, and for the current situation in China, it is impossible to abolish the death penalty for a long period of time. Therefore, what we should do now is doing every effort to reduce the number of death penalty, no matter from the angle of substantive law or procedure law. This article aims at achieving these goals by perfecting the death penalty execution procedures. For the following reasons:First, the death penalty execution is the last procedure in death penalty cases. It means the real implementation of the sentence. It is also the most concentrated embodiment of the severity and the irreversibility of the penalty. Therefore, it has crucial significance to regulate the sentence from the angle of procedure.Second, influenced by certain historical inertial thinking, there are many disadvantages in this phase. It needs to be reformed immediately.Third, only in this phase, can let a person feel the real terror and pain of the sentence, thus become a phase in which exist the most intense relationship between the penalty and human rights. So it is important for the development of the human rights in China to regulate it from the angle of procedure.Last but not least, although the death penalty execution procedures are so important in controlling the death penalty, there are only few persons have done the research in China. It is more worthy for us to research.As a result, we should review this phase, and give it the attention it deserves. In order to control the sentence, based on the theory of due process, and from the aspects of preventing wrong kill, safeguarding human rights and reducing death penalty, we build a set of death penalty execution due procedures which contain the subject setting, the execution rules, the right of getting the help of a lawyer, the right of the person subjected to execution and his/her family and amnesty.