Concerning The Procuratorial Organs To The Death Penalty Review Of The Legal Supervision

As the supreme people’s court to take back the death penalty review power, the death penalty trial of the case which realize the comprehensive reform act unfolds, the procuratorial organs as a national legal supervision organs, its supervision and program, scope, supervision and way and so on a series of procedures and the problem of entity are faced with the challenge of reform. For example the procuratorial organs shall participate in whether death penalty review procedure, how to the death penalty review procedures supervision carried on the discussion gradually agenda. The death penalty review program as a special program of our country’s criminal procedure, its design aims to implement the "little kill, kill and prevent a fault and kill" the criminal policy of the death penalty. However, for a long time the death penalty review procedure has been the lack of perfect legal supervision system, there is no guarantee that the death penalty review power of the implementation of the legitimacy and legitimacy. To reform and perfect the death penalty review procedures, establish the procuratorial organs to the death penalty review procedure of the legal supervision mechanism is imperative. This paper it is in this backdrop to the procuratorial organs should be involved the death penalty review procedures for the proposition of the argument to, to advance the procuratorial organs for the death penalty review procedure law supervision on legal and procedural and standardization. This paper points three chapters of procuratorial organ in the death penalty review procedure the argument of the argument. The article expounds the opening chapter the procuratorial organs to the death penalty review program basis, from three aspects of argument, on the one hand, the power restriction theory, power relief theory, prosecutors objective obligations the theoretical basis of the theory; On the other hand has the constitution, the criminal procedure law, the people’s procuratorates organic law and other laws basis; Then on the one hand that is, we implement the "little kill, kill and prevent a fault and kill" the death penalty in the policy basis. The second chapter to the death penalty review procedure the operation status of describing China’s current the death penalty review procedures exist in legislation and judicial practice operation of the defects, procuratorial organs to the death penalty review of the legal supervision not optimistic, basically at a blank, practice also not heard of basic procuratorial organs death penalty review for legal supervision example. The procuratorial organs to the death penalty review in the practice of law, there are also some need to overcome the difficulties. At the current situation as the starting point and then expounds the third part, mainly expounds how the procuratorial organs of the death penalty review procedures law supervision, first procuratorial organs to the death penalty review procedures legal supervision must grasp the function orientation, is the identity of the legal regulators must be involved, to set up special supervision departments fulfill the supervisory responsibilities, in the supervision and process can take the supervision of the diversified way, not only the problems of procedural supervision of the results were also supervision, and the content of the supervision must be targeted, specific to all kinds of a death penalty case, the supervision of the different methods were put forward, targeted was very strong.