Study Of Death Penalty Cases Of Second Instance Procedures

The death penalty will exist in our country for a period of time, though the appeal for abolishing the death penalty gradually becoming one kind of international historical trend. Our country will not abolish the death penalty at present, so using the reasonable procedure to realize the purpose of the criminal penalty is a common target of the theory boundary and the actual situation field. This article is according to the above-mentioned purpose to carry out the beneficial exploration on our country's reasonable procedure of the death penalty, I hope this article could provide some references for the theory and practice of our country's death penalty.In addition to the preface and conclusion, the full text is concretely divided into three parts. The first part is the basic theory of the second instance procedure of the death penalty case. The second instance procedure of the death penalty case is a procedure that the judges hear the death penalty case for the second time, guarantying the case is fair. Following, the article described the characteristic of the second instance procedure of the death penalty case.The second part introduced the reality investigates of the second instance procedure of the death penalty case. The second instance procedure of the death penalty case still exist some problem: 1.The second instance procedure in China is not a independent process. 2. The litigation efficiency is not perfect. Opening a court to adjudicate a death case may take up a great deal of time. 3. The problem of the usage of proof in the second instance procedure of the death penalty. Our country's criminal procedure law should stipulate the standard of the proof clearly. 4. The problem of the appearance before the court of the witnesses and the identifiers. 5. The position of the procurator authority. 6. The procedure of the direct appeal does not exist in our country, so the human rights of the defendant may be ignored.The third part is the suggestion of the improving of the second instance procedure of the death penalty case: 1.Strengthen the independence to avoid the problem of the second instance procedure. 2. Realize the justness and the efficiency of the second instance procedure. 3. Strengthen the helpof the lawyer. 4. Improve the Supporting system of the second instanceprocedure of the death penalty case. 5. Clear the double function of theprocurator authority. 6. Establish the direct appeal procedure of the deathpenalty.