On The Perfect Of Structure Of Procedure For Judicial Review Of Death Sentence In China

The death sentence is the most severe penalties.Once executed,it will have irreparable consequences.At present,the death sentence has been abolished by many countries around the world.For various reasons,China retains the death sentence,but makes stringent restrictions applicable to it from both substantive and procedural aspects. The procedure for judicial review of death sentence is a special trial procedure of the Criminal Procedure Law in China. On January1,2007,the right of judicial review of death sentence was reverted to the Supreme People’s Court.It is of great significance to for further play the role of the death sentence review,to implement the criminal policy that is "kill fewer, kill carefully" and to correct the wrong case of the death sentence and to relief to the defendant.However, the procedure for judicial review of death sentence has certain problems.Its proper function is difficult to give full play to.In the large institutional background,on the basis of analysis of the lack of the procedure for judicial review of death sentence and reference to the experience of the death sentence relief of foreign countries,this paper presents the recommendations to perfect the structure of the procedure for judicial review of death sentence, which contents are the neutrality of judicial proceedings,the separation of prosecution and trial,the equilibrium of proseeution and defense and the implementation of the principle of directness and verbalism.This paper is divided into four parts:the first is the basic connotation of the structure of the procedure for judicial review of death sentence. In this part,the author defined definitions and characteristics of the structure of the procedure for judicial review of death sentence and aimed at clarifying the basic outline of the procedure for judicial review of death sentence.The second part is the inspection of the death sentence relief procedure in the view of comparative laws that selected a brief introduction to the death sentence relief procedure of the United Nations and the United States,summed up the common feature of the of foreign death sentence relief procedure in the legislation and judicial practice,in order to provide a reference to the development and improvement of the structure of the procedure for judicial review of death sentence.The third part is the analysis of the status of the structure of the procedure for judicial review of death sentence.The author summarizes the status of the structure of the procedure for judicial review of death sentence from two aspects of the legislation and judicial and pointed out that the structure of the procedure for judicial review of death sentence needs to further perfect the legislation,to strengthen the neutrality of judicial proceedings,the separation of prosecution and trial,the equilibrium of proseeution and defense,to implement the principle of directness and verbalism.The fourth part is the development and improvement of the structure of the procedure for judicial review of death sentence,which is a core part of this paper.The author makes the specific recommendation to develop and perfect the structure of the procedure for judicial review of death sentence from some aspects that is to reflect the functional objectives and to saveguard the neutrality of judicial proceedings,the separation of prosecution and trial,the equilibrium of proseeution and defense,to implement the principle of directness and verbalism.