Font Size: a A A

China Death Penalty Sentencing Procedures For The Independence Of Research

Posted on:2011-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:J LvFull Text:PDF
GTID:2206330332969220Subject:Law
Abstract/Summary:PDF Full Text Request
Instead of conviction, the core issue of death penalty case trial now in China is the measurement. At the same time, more and more discretionary measurement factors are unprecedentedly plying a key role in the determination of whether death penalty is applicable. The traditional trial mode and system arrangement of controlling conviction as the center, and conviction measurement integration, are evidently lagging behind the practical needs ad trend development of current death penalty case trial. Composing specialized, independent death penalty measurement procedures, and actualizing justice via legitimate procedures, have become the trend of the times. Meanwhile, the value of"impartiality is of priority"determines that the judicial effectiveness and resource allocation can not be of the barriers in composing the death penalty measurement procedures reformation. And the active exploration and bold tryout in the field of practice have created benign condition for the implementation of death penalty measurement procedures reformation. Composing and completing death penalty measurement procedures reformation in China through top-to-bottom reformation pilot, technical debugging and timing, appropriate legislation breakthrough, are solidly feasible.This article is composed of five chapters.Chapter One discusses the necessity to establish death penalty independent measurement procedure. For years, criminal procedure has always been adhering to the implementation concept and system arrangement of conviction control as the essence, and measure leeches on to conviction. The thus incurred malpractice has surfaced time and time again. Thus, the implementation concept and system arrangement can no longer meet the practical need of death penalty trial. Establishing specialized, independent death penalty measurement procedures, and restricting and actualizing fairness, reason and balance appropriate for death penalty via due procedures, have become a trend of the times.Chapter Two and Chapter Three discuss the legitimacy and feasibility of composing death penalty independent measurement procedures respectively. The implementation of death penalty independent measurement procedures not only accords with modern concept of rule of law, but also conforms to existing crime law. Its legitimacy is without question. However, the worried on the limited judicial resources allocation and procedure effective, the legitimacy and adaptability of a new system mode, result in the doubts casted on measurement procedures reformation. The authors considers that the doubts on certain point or the above two points may have some kind of rationality if put in other cases, but once put in the special circumstances of death penalty, these are invalid. Meanwhile, the successful practices implemented by Common Law countries on independent measurement procedures, the reflection and reformation of Civil Law countries, and the active exploration and bold tryout in the field of practice and theory in our country, have provided the practical base and realistic conditions for the implementation of death penalty independent measurement. Therefore, the implementation of death penalty independent measurement procedures is feasible in our country.Chapter Four conducts the composition and design of death penalty independent measurement procedure. Death penalty measurement suggestion, death penalty measurement debate, victim participation, evidence representation, independent measurement evidence regulation, and measurement argumentation, are the six indispensable compound systems in the composition of death penalty independent measurement procedures. The detailed design of death penalty measurement procedures should adopt the mode of complete separation and independence of conviction and measurement.Chapter Five proposes the way of reformation of death penalty procedure. The essence of composing independent measurement procedures is a reformation of the existing crime measurement mode. Choosing an appropriate way of reformation, is the key to avoiding diversion and achieving results. Based on comparative analysis, top-to-bottom reformation pilot, technical debugging and timing and appropriate legislation breakthrough, will be the right way to compose and complete the reformation of death penalty measurement procedures.
Keywords/Search Tags:Death penalty, Measurement, Procedures, Independent
PDF Full Text Request
Related items