On Buildin Three-tiered System In Death Penalty Cases

The death penalty is a very complicated and has quite a lot dispute punishmentmeans.It is depriving people of the right to life as a punishment and it is one of the mostsevere punishment method. It is because of inhuman most countries in the world today arealready abolished or actually abolished the death penalty. So it has become an inevitabletrend of international to abolish and strict control the death penalty.But it is not realistic in our country to abolish the death penalty because of ourcountry's economic condition cultural background and social situation, and a series ofproblems. According to the situation of our country, our country should be strictly tocontrol the death penalty properly scheme to deal with the death penalty. In foreign,three-tiered system is the universal experience to strictly control the death penalty. In ourcountry, a death penalty review procedures is the design of the special program for thedeath penalty. But it has various defects and it has deviated from the original intention ofdesign. In order to prevent review procedure to become a mere formality, we must reformthe death penalty review procedures. The most ideal solution is to build three-tieredsystem. Construction of three-tiered system is the death penalty review procedurelegitimation reform need, strengthen the control over the death penalty, to enhance thelegitimacy of the death penalty. In addition, three-tiered system has become academicconsensus. The death penalty review procedures has trend to three-tiered system. And ourcountry also already has judicial resources for construction of Three-Tiered. Therefore, weshould construct three-tiered system, study the specific system. Accurately define thescope of the death penalty of three-thierd system, court of jurisdiction, setting the scope ofthe trial, compulsory appeal system, non-adding penalty in appealing.