Death Penalty Review Process Studies

As one of the special judicial procedures in our country's criminal suits, Procedure of Judicial Review of Death Sentence(PJRDS) has these features as below: technicality of the applicable objects, specificity of the applicable subject, automaticity of the initiation of the program, conclusiveness of the judicial results, particularity of the way of trial etc., which have positive meaning for unifying the applicable standard of death penalty, controlling quantity of death penalty, guarding against wrong execution. The long time down-pass of power of the approval authority of the death penalty caused various problems and made negative effects to the function of the death penalty revision procedure. So, the Supreme Court officially reclaimed the approval authority of the death penalty on January 1st 2007, and published relevant judiciary explanation to adjust and perfect the PJRDS. However, for the carrying out of the PJRDS, there are still some shortcomings like procedure of the lawsuit deficient, range of the hearing generalized, judging modes unreasonable, due time of rechecking unlimited etc. Thus the PJRDS should be further systemized through perfecting its aspects like program run mode, defendant's right of defense, the censorate's prosecutorial supervision etc, basing on the present PJRDS's frame.