| As the most disputable criminal punishment in the modern global law system, the use of death penalty has been reduced significantly or even revoked worldwide in recent years. People Republic of China is one of the countries which allow death penalty to be used today, and the mission of death penalty in China is to develop the righteousness among the whole society, and to keep administration of justice on a right track. Procedure of death penalty review is a very special process established only in China, which intends to supervise the operation of death penalty. In China, only the Supreme People’s Court and the Higher People’s Court are authorized to operate the procedure of death penalty review after first or second instance which related to a death penalty, and the procedure examines the whole case for the last time and give a final decision of death execution. Obviously, the procedure of death penalty review is the final examination to the lawsuits related to death penalty, which means it is definitely an important matter of life or death. Though the current procedure of death penalty review works pretty well after many improvements during recent years, it still has some significant problems in the deficiency of reducing death penalty, shortness of council principle, regulation absence for procedure time limit, lack of supervision mechanism, and participation manner. By researching on the practice and theory study of death penalty in the modern society, this paper argues that legislature in China should authorize the death penalty review committee to reduce or revoke the death punishment in certain situations, improve the current council principle, regulate the review procedure time limit, improve the supervision mechanism for review procedure, and make the participation manner of review as a public hearing. These suggestions do help to improve the current procedure of death penalty review and the whole death penalty punishment system significantly. |
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