Study Of Death Penalty Review Process

Death penalty review procedures is an approving procedure which only belongs to China,and the origine of its designer is to protect the human rights of defendant,to carry out the criminal policy of",killing cautiously,killing seldomly" correctly.However,the regulation of death penalty review procedures in the Criminal Procedure Law is too simple,which can not match to the status of death penalty review procedures in the death penalty procedures.In January 1^st,2007,the Supreme People's Court took back the right of death penalty review,meanwhile,at the same time,in February 27^th,2007,it announced "the regulation of some problems about reviewing the death cases".But this regulation has not reduced the doubt about the problems of death penalty review procedure's openness and participation.This thesis tries to position the death penalty review procedures correctly by analyzing the legal theory of rights for death penalty review,and to consummate the procedure of death penalty review on this basis,finally,putting forward my own opinions and views.This article has three chapters.The first chapter includes the analysis of death penalty review procedures and the legal right death penalty review,the reasonable orientation of the right for death penalty review.On this basis,the thesis elaborates the characters of death penalty review procedures diffusing from the one,the second-instance trial proceedings, and the functions of benefit protection act,the protection of human rights, restricting the restriction power.The second chapter focuses on the analysis of the status of the death penalty review procedures.It elaborates the history of the right for the death penalty review's changing,and the Supreme Court announced the auditing ways of death penalty review procedures in "the regulation of some problems about reviewing the death cases",and on the basis of this analysis focusing on the problems of the existing death penalty review procedures.The third chapter puts forward mentions some suggestions to the existing death penalty review procedures on the basis of the analysis and elaboration of the first and the second chapters.The suggestions include the factors considered necessarily to improve death penalty review procedures;comments on the suggestions of improving death penalty review procedures;the suggestions of program designing of improving death penalty review procedures.