On The Reform Of The Death Penalty Review Procedures

On the reform of the procedure for judicial review of death sentenceThe Supreme Court has decided taking back the power of deciding the death penalty based on thinking over the spirit of policy that ensure the right of human beings and strictly limit death sentence. The decision was declared by the second five-year reform outline of the court in 2006. The significance of taking back the right of review of death sentence may be canceled out, if we can't reform the procedure for judicial review of death sentence after taking back the right. The author offers suggestions on the problem in the procedure for judicial review of death sentence. The thesis includes three chapters.The first chapter introduces the basic theory that includes the concept, nature, characteristic, historical evolution and significance.In the second chapter, there are four problems in the procedure for judicial review of death sentence that we can found in the rules in the Criminal Procedure Law and in the judicial practice. The legislation on the procedure for judicial review of death sentence is too simple to be used in judicial activity. There are four rules on the procedure for judicial review of death sentence that stipulate the right and execution. We couldn't find minute rules on how to review the death sentence. At present, there are a series of problem in the procedure for judicial review of death sentence. Firstly, the judge who led the procedure similar to the administrative examination and approval system and without any lawsuit color starts the procedure. Secondly, proceedings structure is controlled by one-side. It is unreasonable that the trial organization and the principle of the court's activity. Main members are not participating in the procedure. Such as the accused, the lawyer, the procuratorial authority and the victim. Thirdly, the fashion of the judgment is carried out in characteristics of function and powers. The judge examines all files secretly. At the same time, there isn't time limit in the procedure. The last but not the least is common procedure and the procedure for judicial review of death sentence probably may be merged.