The Protection Of Human Rights Of Defendants In Death Penalty Review Stage

Nowadays the protection of human rights has become a international trend, so China's ultramorden amendment of criminal procedural centres on this theme too. The security efforts which a country's criminal procedural law can offer in the human rights of the criminal suspect or the defendant can reflect the level of civilization of the rule of law in the country and the death penalty review procedures in the criminal procedure law are related to the process of the death penalty, so the protection of the human rights of the death-row is an important part of the protection of human rights in the criminal procedural law.Due to kinds of defects in the system of the death penalty review procedure, the security efforts of the protection of human rights in the stage of the death penalty review procedure. Although the newly modificated criminal procedural law has been improved in terms of system of the death penalty review procedure, how to protect the human rights of defendant in a better way needs further investigation. So this article starts from the situation and treatment when the defendant is in the death penalty review stage, analysis the shortcomings in the defendant's situation and treatment and reflect the defects of the death penalty review system and tries to put forward the idea of perfect the procedures.This article takes the empirical research, analysis and comparative method, the main text is divided into four parts:The first part mainly take the empirical method, acting a field survey in second jail in PanLong distict of Kunming. Learn about the situation of the death penalty during the death penalty review, and according to informations reflected by the defendant analyzes their unfair treatment in the litigation rights and treatment.The second part mainly base on the empirical study which was done before and then analysis the reasons of the defendant's lack of good treatment.According to the present situation of the defendant,we shall investigated for the deep reansons which are the defects of the death penalty review system. Ulteriorly emphasize the important significance of human rights protection of the defendant in the death penalty review stage after that the reasons are figured out.The third part mainly uses the comparison method. Every country shows a cautious attitude when facing the severe death penalty. After all the mainstream view of killing the least and the careful use of kill is consistent. Although western and other countries don't have the death penalty review system, the analysis of their system Settings of applicable death penalty can use for reference to perfect our country's death penalty review system.The fourth part,according to the anterior analysis of the problems of the system as well as referring to the related system of other countries, mainly pur forward some ideas of how to perfect the death penalty review system and how to protect the human rights of the defendant in system level in the end.