The Second Instance Of The Procuratorial Organs Of The Death Penalty Cases Of Legal Supervision

Since the Supreme People's Court issued the notice of'Regarding Further Improving Open Court Session Work in Second Instance Death Penalty Cases'on December 7, 2005, the implementation has been more than four years. Legal supervision of the procuratorial organs has been gradually strengthened by his fully involvement in the procedure of second instance on death penalty cases. More than four years for the second instance on death penalty cases and supervision, we come to realize that there are still many problems in the prosecution of legal supervision of second instance on death penalty cases. As for these problems, the author attempts to conduct some thought and exploration in the hope of providing some help both in theory and practice on the prosecution of legal supervision for the procuratorial organs.This paper, except the introduction and the postscript, is divided into three parts:The first part is about the theory of legal supervision of second instance on the death penalty cases, mainly discussing the basic connotation of legal supervision of second instance on death penalty cases and the oriented function of the procuratorial organs in it. And by demonstration, it concluded as follows: first, the connotation of legal supervision of second instance on death penalty cases: according to the Constitution and legal rules, People's Procuratorate must carry out a comprehensive, full inspection, monitoring and supervision activities in the process of second instance on death penalty cases; Secondly, function of the procuratorial organs in second instance on death penalty cases has a nature of duality with a particular focus, that is consideration both on legal supervision and public litigation functions, with laying a particular focus on the legal supervision..The second part mainly introduces problems and cause analysis of legal supervision existing in the second instance on death penalty cases. It summarizes some existing problems in the legal supervision of second instance on death penalty cases by sorting out and thinking about those problems in the process of handling it, namely: First, main physical problems existing in it and an analysis for its existence. Main problem of the legal supervision of second instances on death penalty cases is that the applicable standards for the death penalty are not clear. In recent years, two frequent discretionary sentencing in second instance on death penalty cases are victim fault and civil compensation, while both of them are uncertainty, which has seriously affected the prosecution of legal supervision. Second, main evidence and cause analysis for the existence of legal supervision in the second instance on death penalty cases. The author has sorted the evidence problems existing in the second instance on death penalty cases and analyzed the cause for the problems. Besides, the author also has studied the'rules of evidence'issued by the superior court, the superior procuratorate, the Ministry of Public Security, Ministry of State Security and the judiciary, and presented opinions towards the existing problems and shortcomings. Third, main procedural problems and cause analysis in the legal supervision of second instance on death penalty cases. In this paper, the procedural problems in second instance on death penalty cases at different stages of litigation are classified, and the lack of legislation programs in it are also summarized correspondingly. Fourth, system and mechanisms problems of legal supervision existing in the second instance on death penalty cases. Combining the present situation of legal supervision in second instance on death penalty cases, the author proposes the problems of system and mechanisms of legal supervision existing in the second instance on death penalty cases.The third part mainly suggests the idea of reform and improvement, combining with the main problems raised before. As to the main physical, main evidence, main procedural problems and the system and mechanisms problems existing in the second instance on death penalty cases, correspondingly the author raised suggestions as follows: First, to rebuild the macro-standards and specific standards suitable to the death penalty cases,and to raise the problems of victims fault to the legislative level and regulate the civil compensation; Second, to put forward the corresponding views of the refinement and improvement on the'rules of evidence'; Third, to put forward suggestions for improvement; fourth, to suggest a number of targeted improvements combined with the actual prosecutions.