On The Construction Of China's Death Penalty Cases, The Trial Procedures Of Final Appeal

The revision procedure of death penalty is a unique and special procedure in our criminal procedures and it is an exception in our two-tiered trial system. The original intention of conducting the procedure is to exam the application of death cases strictly, avoid making mistakes when apply it and provide more protection for convicts. However, the design and operation process of this procedure have serious malpractices in litigation principles, inherent rules and actual effects. The original intention can't turn into practice. The problems exist in the revision procedure lead to more and more discusses and researches. There are two main reform model: one is to reform the revision procedure of death penalty and the other is to replace the revision procedure of death penalty with the three-tiered trial procedure. The fact is problems can not be resolved by repairing current procedures. Meanwhile we have all the conditions to construct three-tiered trial procedure for death cases, the reform is practicable. We must change the revision procedure of death penalty to a real trail procedure. Only by construction of three-tiered trial procedure, can it play an important role in restriction of death penalty and the protection of defendant's legal rights.This article has four parts.The first part introduces the shortage of the revision procedure of death penalty in our country through the startup, the method, the scope and the duration of the revision procedure. And then introduces the source of the shortage by analysing them.The second part compares the two reform methods from the function of the revision procedure of death penalty and comes to the conclusion that we should choose three-tiered trial procedure of death cases.The third part bases on the practice demonstrate that we have got all conditions to construct three-tiered trial procedure for death cases which includes material conditions, society conditions and theory conditions. Besides, the author tries to resolve the problems which have to face in the construction of the three-tiered trial procedure for death cases. For example, the conflict of judicial hierarchy and the the distribution of resources are resolved in this part.The last part explores the startup, the trial and the sentence of the third trial procedure of the death cases. In addition, the author gives some doable suggestions to the reform of the first instance, the second instance and the jurisdiction of the death cases.