Study Of Death Penalty Review Process

The people start to the legal understanding from the criminal law, and the people also start to the criminal law understanding from the penalty. The death penalty, as the severest penalty measure, is concerned about person's life and death. There has been the stage that the death penalty had been used rashly in the various countries' development history, but the question of life and death is not just a legal question. With the social civilization progress, the understanding of life has been more rational. Prudently treating the death penalty is the civilizational and the rational symbol. As one kind of procedure guarantee, the death penalty reexamines' goal lies in cautious kills, little kills,and prevented wrong kills.The function of the full display death penalty reexamines which in the lawsuit, can increase the chance of discovering wrong opportunities, and can guarantee quality of the case. This article embarks from the prudent treatment of death penalty,which unifies our country' the judicial reality, has carried on the discussion to the basic question of the death penalty review procedure. So we may obtain some significances to the procedure value and the entity rule.Five chapters are composed in this article as main body.First chapter introduced the foundational questions of the death penalty review procedure.This part divides into three parts. The first part introduced the concept and the characteristic of death penalty reexamines, and have obtained five characteristics.The second part of utilization history analysis method, introduced the death penalty reexamines legislation evolution; The third part through the justice, the human rights and the efficiency three kind of values orientation analysis, obtains the death penalty to reexamine conforms to the procedure value orientation.The second chapter utilization comparison research method, through the Chinese and American death penalty review procedure comparison research, introduced its different vertical legal regulation. The first part has analyzed US' death penalty review procedure, and has carried on the elaboration to its legislation characteristic; The second part has analyzed China and America with emphasis the legislation difference which reexamines about the death penalty.