The Litigation Of The Death Penalty Review Procedure

Capital punishment is the most severe of a penalty, its application would result in the loss of people's right to life, so once a person has been sentenced to death, and ultimately executed, will result in irreparable consequences. Because of the characteristics of the death penalty, many countries in the world have already abolished the death penalty. But the case against our country, in order to allow the death penalty wipe out in a relatively short period of time is unlikely, so far, China still retains the death penalty. However, even though China retains the death penalty, then made the application of the death penalty is extremely strict restrictions. On one hand for the death penalty to combat crime and protect the human rights of the majority, on the other hand in the application process has taken a very cautious approach, both from the substantive and procedural restrictions on the strict application of the death penalty in order to prevent too loose and killing innocent, the formation of the wrong case. On January 1,2007, the power of Death Penalty review reverted to the Supreme Court officially, the incident of the death penalty review procedures in China had a great impact, has important historical significance.Death Penalty in China's Criminal Procedure is a special program,and is also a program with Chinese characteristics. Strictly limited for this program of the death penalty, implementation of fewer to kill, be careful to execute the criminal policy, to prevent miscarriages of justice and the protection of the rights of the accused to death has a certain role. However, the institutional design of ill-considered, China's current death penalty review procedure there is a serious "administrative" tendency, in the specific application cannot properly play its due role, and it also contradict to the basic procedural justice, do not protect the relevant rights of the defendant's. Of course, the problem in a system is caused by various factors. Then the reason of the current death penalty review procedure's " administrative " tendency is also various. Summed up in the following areas:Ancient Death Penalty System of the relevant provisions of the existing death penalty review system will have a profound impact on the inevitable, because the law often has some inherited resistance; In addition, there are laws in China from the beginning, with a "value entity, light program," "efficiency first in the fair," the intellectual tradition, which is also branded on the existing legal system to a deep imprint. Today, China's socialist democracy and legal construction has made great progress, and the death penalty related to a number of other systems have also been gradually improved, these circumstances make it perfect with the current death penalty review process a possibility. In addition, the concept of some litigation in today's society, such as procedural justice, fairness and efficiency, also called for the building of the proceedings of death penalty review; and strict restrictions on internationally accepted principles and of the death penalty applies to "kill fewer, kill carefully ",the death penalty policy for the improvement of the death penalty review procedure provides principles and basis. Therefore, I think death penalty review process as a trial program to the proceedings should be in accordance with the basic rules and requirements to be constructed in the form of litigation. The litigation of death penalty review process should adhere to building both physical and procedures to ensure fair proceedings, the death penalty should remain neutral review of the main and specific and should implement the principle of a full trial, the prosecution should be a clear position in the proceedings and to strengthen Death Penalty its supervisory role of the law, death penalty review procedure should also be clear its deadlines for the specific trial. In short, we should try every means to correct the problems that exist in the current death penalty review process, making the procedure more perfect. It is the only way to give full play to the death penalty review process a variety of beneficial effects, in order to promote the rule of law in China to contribute more to the death penalty review procedure,then the ultimate purpose of limitting the death penalty applies, protecting human rights of the accused can be achieved.