Research On The Perfection Of Death Penalty Review Procedures

Death penalty review process is set for death penalty cases, is the final screeningprocess, is the special trial procedures for cases to be followed by the SupremePeople’s Court reviewed and approved the death cases, is the necessary proceduresand final program of death penalty cases. Death penalty review process can achievethe target set by the program key is whether the program itself should have thefunctionality to be realized. The death penalty review process should have thefunction of reducing the number of death penalty cases, error correction, the lawuniform application, and the legal interests protected function. The death penalty isthe most severe penalty in the penal system, once wrongly convicted to death andexecuted, the consequences would be disastrous, irreparable. Thus, countries thatretain the death penalty are very cautious on the death penalty cases, and a number ofspecial procedures and systems provide for death penalty cases. Japan and the UnitedStates is a typical representative of the developed countries to retain and apply thedeath penalty, in the special provisions on the application of the death penalty isdifferent from China’s death penalty review process. Program and institutionalrequirements of the state death penalty cases on the improvement and reform ofChina’s death penalty review process is an important reference. Code of CriminalProcedure amendment added two provisions about the death penalty review process,but there are only six articles about it, the Provisions are too simple and crude, lackedof operability. Legislative oversight and judicial practice, the specific operation of thedeparture from the spirit of the legislation, resulting in a series of miscarriages ofjustice after another, the proper function of the death penalty review process has notbeen effective play. In the academic world, the death penalty review processimprovement, holding the appropriate view to retain the death penalty reviewprocedures on the basis of its majority in the perfect way to vary, can be described asthe eyes of the beholder, the wise see wisdom. On the questions of China’s deathpenalty review process, China’s death penalty review process should be perfect fromeight aspects: adjusting the judge organization, improving the mode of trial,improving the comprehensive review system, clearing the trial period, refining theapproach, strengthening legal supervision of the procuratorial organs on the review ofdeath sentences, safeguarding the defendant and attorney’s right to defense, improving the evidence system of death penalty review process. In short, the only system ofdeath penalty review process through a variety of ways to adjust and perfect to the fullrealization of the death penalty review process should function.