Reform Of The Proceedings In Capital Cases

With the progress of human society, most countries hold more prudent manner towards the death penalty. In the long run, to abolish the death penalty is the only way for the development of criminal law, but it requires a certain material and spiritual conditions. Because of our country’s social economic status, in China’s punishment death penalty will always exist. Of course for the death penalty in the extreme depriving anyone’s life right, our country adopt strict limit attitude. Besides two ordinary procedures, we also have the death penalty review procedure and the trial surveillance program two specific judicial relief programs. The death penalty review procedure is to achieve the comprehensive fault error correction purpose. The trial surveillance program is on the judgment of the case which has been affected, which purpose is also correct possible mistakes before the system. These two kinds of special relief program is playing a positive role in effective control of the death penalty. However, in practice, the death penalty review procedure because of administrative examination and approval properties, closed-door session, right subject participation weak, causes its program value establishment is very limited, is not conducive to completely find errors. Meanwhile rights of a parties hade popular mistrust of first and second courts so that they tend to pin their hopes on the trial supervision procedure, resulting in frequent retrial procedure is started, the case to the center of gravity moved, which is set against the original intention of the Trial System. Good case-hearing level system should be guaranteed first and second quality premise, effective play the role of death penalty review procedures, so the cases through less program can be solved completely, thus reducing the retrial start-up, improving judicial efficiency. In our country the new "Lawyer’s law" further expand the lawyer’s rights and ensuring the criminal defendants’ interests.2010China promulgated "Judge for review of death penalty cases on the Provisions on Several Issues of evidence" and "on the exclusionary rule in criminal cases for a number of provisions of the problem". These two rules not only provides the detailed evidence and illegal evidence elimination principle, and the evidence of the rules. Design optimization process in capital cases, to further improve the relevant system and ensure its implement further improve our level of hearing death penalty cases. Both program design optimization and perfecter defense system, illegal evidence exclusion system help to improve the quality of the trials of the first two but later tried to lay a solid foundation. At the same time the death penalty review procedure open and complete a program in which lawyers met with rights enables participants in the proceedings involved, protect the litigation status of parties to the case, further raising the level of death penalty cases in the trial. This article first outlines the procedure of death penalty in China and relevant legal provisions. After China and the United States conducted a simple comparison of the death penalty case proceedings, found United States pretrial procedure, the first-instance procedure of conviction and sentencing procedures separation system in the program, the second trial a mandatory appeal system, the jury system as well as the defence system are worth summing up and use for reference. Through case studies that revealed and summarize the flaws of China’s death penalty proceedings, based on our country’s pretrial procedure, trial procedure, the second part of trial procedure and the procedures involved in the transformation of theoretical basis of the system, this final proposed several reforms of China’s death penalty case proceedings.