The Research On How To Complete China’s Death Penalty Review Process

It has been in operation for more than five years after the Supreme People’s Court withdrew thereview power of death penalty cases since January1,2007. But the discussion around the death penaltyreview process has always not stopped, as some scholars have pointed out that “With the recovery of theDeath Penalty review power and the reform of the program, a series of shallow structure of institutionalfactors occur, but some deep-seated problems did not change significantly along with.” The reason is thatthe program still has many flaws. However these defects increase the probability of occurrence of the deathpenalty cases, and they can’t play the function of the crime prevention to a great extent, and certainly willalso seriously affect the authority of the Supreme People’s Court and the realization of the proceduraljustice, not conducive to the construction of China’s law and order and the rule of law goals. Therefore, theSupreme People’s Court must seriously face the death penalty review process and carefully study. Thispaper closely integrated with the working practice, following the operating mechanism of the death penaltyreview procedures, in-depth analysis from a theoretical and practical level, to explore the inherent defectsof its existence and the reasons for the formation, in order to put forward more rational countermeasures ofinstitutional framework to solve real pressing problems.In addition to the introduction and conclusion the article is divided into three parts. Separately froman overview of the death penalty review process, the operating situation, existing problems and theircauses of that, and the perfect vision, such three aspects were analyzed.The first part conduct a comprehensive analysis on basic problems of the death penalty reviewprocess from four aspects This analysis around the fundamental issue of the death penalty review procedures, because of the nature of the death penalty review program directly guide the concrete systemconstruction. The first introduces the basic concepts and basic features of the death penalty review processlaid the conceptual basis of the papers. The second aspect analyzes the current knowledge of the deathpenalty review of procedural. For the current academics on the death penalty review power of proceduralseveral views analyzed, consolidate and promoted the death penalty review program proceedings or thebasic attributes of the trial proceedings the purpose is to protect human rights, and prevent executing theinnocent. The third aspect is a systematic review and summary of the legislative outline and background ofChina’s death penalty review process. The fourth propose the necessity to further improve the death penaltyreview process.The second part states the basic situation of China’s death penalty review process from three aspects.According to “the provisions of a number of issues that the Supreme People’s Court on review of deathpenalty cases”,“the views of the Supreme People’s Court, the Supreme People’s Procuratorate, theMinistry of Public Security, Ministry of Justice on further in strict accordance with the law to ensure thathandle death penalty cases quality” and the highest the people’s Court on the inner workings of thespecific review of death penalty cases, the first aspect summarize the operational characteristics of thedeath penalty review. The second aspect analysis systematically outstanding problems in the death penaltyreview process. Including nine defects: the courts of the form of death penalty review process startsleading a departure from the neutrality of the judicial power, the Court’s top-down initiative to report andaudit goes against the passivity of the justice, the design of supervisory procedure lack the necessaryfunction of remedies, written review lower the value of review program, the geographical division of theadmissibility criteria restricted the review work, the adjudication suspected of shirking its responsibility,no significant progress in the functional role of the death penalty review process, the lack of review period led to the death penalty review cases of efficiency significantly reduce, the death penalty reviewprocedures the lack of effective supervision, and so on, these were studied in detail in this part. The thirdaspect analysis two deep-seated reasons for the problems of China’s death penalty review process: Theforward-looking of the legislative thinking is not enough; the intrinsic value lack consideration.The third part is to improve visions in view of existing prominent questions in the death penaltyreview procedures. Mainly constructed from four aspects: First is the approval process itself needs to beimproved. Including the division of labor in the case, ruling the way, the review period and concerns theprosecution and defense factors. Second is to build an effective supervisory mechanism of the procuratorialorgans. It expounds that procuratorial organs participate in the start of the death penalty review procedures,it’s coordination and operation systemically. The third is associated with factors and necessary adjustmentsaround the death penalty review procedures.