Discuss About The Process Control Of Death Penalty In Our Country

To deprive criminals of life to death is the special and the most severe penalty method.The death penalty is the most basic human rights of the citizen involved and legalproblems which can touch the deepest human. China is one of the countries that stillretain the death penalty. Since Gaoyao dubbed a “Chinese judicial ancestor” who isfrom Xia and Yu dynasty enacted “WuXing”, The death penalty system of China whichhave gone through the baptism of the different social form and have existed forthousands of years plays an important role in the history fo punishment. But thecontemporary civilization have increasingly recognized the irrationality of the exist ofthe death penalty, especially in the international tendency of restrictions and abolishingof the death penalty,“the severe laws” focused historically by people and rulers areworth rethink.About the problem of storing or abolishing death penalty is closely related to societycibilization, human rights development level. This problem should be based on historical tradition ofa country and society, social psychology and people will. For this problem, China ought to walk on aroad which is suitable for the country’s situation. It can’t rely on others, and can’t refuse to changeminds. According to the Chinese national conditions and social reality, although the storing of deathpenalty have been questioned and challenged from seveal aspects, the political, economic and socialconditions that fully abolished the death penalty are not yet mature. Consequently, we is expected toadvocate to reduce and restrict the death penalty through the substantive law, procedural law andjudicial control ways, especilly program control way, which is definitely a more rational andpractical road.In this paper, we analysed the present situation and inadequacy of our country’s deathpenalty control, comprehensively made use of all kinds of analytical methods, anddiscussed the present situation and the future development trend. This article try toanalyse and research our legislation and judicial control from the following severalaspects.Fistly, the article draws out the problem researched by this article, which is in thepresent circumstances that the condition of fully abolishment of the death penalty is notmature China should continue to have the death penalty, but in the same time shouldcarefully use and reduce the death penalty by the legistive and judicial control, byintroducing the historical debate, the necessity and feasibility of reducing the deathpenalty and research significance of this article.Secondly, this paper try to reveal the internal rules of the reform of death penalty reform and development trend by introducing historical evolution process and current situationof the other representative countrys.Again, this paper analyses the current situation of the death penalty of our country andtry to show that although the death penalty is in the process of continuous improvement,it still exists disadvantages and flaws, and still have space to improve, especially we canfurther strengthen and perfect the program control of our country’s death penalty, byintroducing the conditions of the substantive control, procedural control, criminaljudicial policies and the condition which the abolishment of the death penalty have nopossibility in reality.Finally, through the above analysis, this paper put forward the idear concerningstrengthen and perfect our country’s program control of the death penalty, that is to say,to find the kind of control process measures of death penalty accords with the need ofdeath penalty reform in the present stage in order to solve some reality problems in theprocess of reforming, restrict and reduce death penalty effectively and reasonablely andfinally reach the purpose to comprehensively abolish the death penalty by raising somesuggestions, for example, enhancing the provement standard of death penalty cases,setting up attorney access system of death defense, improving trial procedure of thedeath penalty, setting up scientifically the sentencing rules of the death penalty,increasing independent sentencing process of the death penalty, strengthening legalsupervision of procedure for review of the death penalty, reforming the stay ofexecution system, constructing remitting of the death penalty and establishing thesystem of defendant relief and victims compensation and so on.