Litigation Of Death Penalty Review Process Regression

Deprived of life, the death penalty is the penalty method for the perpetrator. As with the most precious life, deprived of the value can not be recovered, so the death penalty generally not the same as the existence and specificity. Under the impact of the human rights movement in the world, many countries have abolished the death penalty. However, in our current situation does not have the conditions for abolishing the death penalty. To reflect the criminal policy called "kill fewer, kill carefully", the review of the death penalty have its significance, it can implement the program on the control and caution on the death penalty, and it has a strong Chinese characteristics. In 2007, the Supreme People's Court formally back the death penalty review power, which is very conducive to the good performance of death penalty review procedure. However, as a procedure, the review of the death penalty process is still with a strong executive color, which became a constraint and major drawback on further development of the program. Removal of the executive color in the death penalty, return it as the essence of the proceedings, and as a guideline to improve the process, has become the top priority.This paper from the death penalty litigation returns to start the program, to discuss the improvements to this process.Chapter 1 describes the development of China's history of death penalty review system. From the death penalty review system in ancient China started the transition to the modern death penalty review system, and established after the founding of the modern sense of the death penalty review procedures, until the Supreme Court recover the right to the death penalty. This paper through the introduction of the current death penalty review procedures, analysis of the progress of their existence, and the main shortcoming of its administrative rich colors.Chapter 2, the death penalty for foreign relief system and the international treaties on the death penalty cases, the relevant provisions of the relief defendants comparative analysis of these rules and regulations that give us inspiration, to help our country to improve the existing death penalty review procedure.Chapter 3 compares of the litigation mode and administration mode, analyze their strengths and weaknesses, and that choice litigation mode in the review of the death penalty, there are plenty of needs and feasibility.Chapter 4 of the litigation mode the as the purpose of death penalty review procedures specific improvements, major reform of the way by starting to participate in the diversification and mode of action of the review, to achieve the improvement of this procedure.This paper emphasized the death penalty review process as a litigation procedure, in essence, should have the litigation proceedings, at present the program is running in the administration colors, this is a false alienation. Only about a return to the program as the nature of the proceedings up to better protect the rights of the accused, to prevent miscarriages of justice, implementation of the criminal policy called "kill fewer, kill carefully", to maximize its role.