On Improvement Of Death Penalty Review Procedures Of China

As an unique system in we China's Criminal Litigation System, the death penalty review procedure is established in the name of protecting Human Rights, in accordance with international legislative ideas of protecting human rights and respecting life, and it plays an important role in China for making sure that death penalty shall be made strictly in accordance with law and the defendants shall get fair trials. It has been more than 4 years since Jan, 1st, 2007, the review rights of death penalty was withdrawed and exercised unified by the Supreme Court. In the past four years, series of wrong sentenced death penalty cases and cases that make significant impact national wide pushed the death penalty review procedure which concerns of the basic human rights-right to live of the defendants, to the cusp of legal theory research and public opinions, once and once again.Reforms for the Code of Criminal Procedure also are in procedures. Code of Criminal Procedure Amendment was discussed and approved for the first time on the 22nd Session of the Eleventh National People's Congress. And there are relevant amendments for the death penalty review procedure, which make a big step for reforms of the death penalty review procedure.The thesis is about to focus on the Xia Junfeng Case which shall represent for several death penalty review cases that public concerns a lot. The author I will make a simple analyze on the parts that related to death penalty review procedure about the case, and to figure out problems that appears in the death penalty review procedure at present, then to put forward a sound proposal based on the analyze results.The thesis is divided into three parts, main content are as follows:The first part makes an introduction and updates for the Xia Junfeng Case that the thesis is going to discuss about.The second part of the thesis make an analyze on the defects and possibilities to improve about the death penalty review procedure, combined with the Case, on the following five points: starting mode, composition of the review organization and the principles of activity, scope and method of investigation, participation and review period of the death penalty review procedure.The third part of the thesis introduces three academic solutions for the death penalty review procedure at present, and based on the solutions, the author I put a proposal to improve the system, against the five points of defects above analyzed.