The Improvement Of The Second Instance Of Death Sentence System

The author has been participating in all kinds of activities of the second instance for death sentence case as a penaljudge of superior court since the court was hold five years ago, even though the application of it has achieved remarkable successes in many aspects, such as strengthening the power to protect criminal suspects' legal rights, helping us unify the application of death sentence more precisely, improving judicial trust in public. The existence of some shortcomings and insufficiency are still obvious at the beginning of the reformation. So efforts to correct shortcomings, to make up for insufficiency, to enable the second instance procedure of death sentence to serve the realization of judicial right and the performance of function which can prevent errors and correct them better are becoming pressing issues nowadays.The value and significance of the second instance procedure of death sentence is discoursed in the first chapter. The value can be listed as follow:give priority to justice with due consideration to efficiency, unify the application of law, correct improper judgement of the first instance.The second chapter is used to not only introduce the way to conduct the second instance of death sentence, but reveal some problems during this procedure, after that the author analyse the reason why these problems occurred from system and the idea and so on.In the third chapter, the study to some foreign areas' way to conduct the second instance of death sentence is showed to demonstrate the necessity and universality of it in our country, such as American, Japan and United Nations. In the course of the study, the author also summaries good experiences of foreign area which are very precious for our own country when we conduct the second instance of death sentence.The last chapter refers to some suggestions which are given by author from three aspects:the function orientation of the prosecutor, the defendant and the trial; the appearance of witness or expert examiner in court; the application of the illegal evidence exclusion rules, bases on writer's understanding for some problems during the second instance procedure of death sentence case.