The Empirical Study On Death Penalty Defense In The Perspective Of Trial

Defense is the most basic litigation rights to maintain the lawful rights and interestsof the death penalty. The development and the perfection of death penalty defense systemrepresent the criminal judicial level of a country. In judicial practice of the death penaltycases in our country, the right to defense of the death penalty defendant is affected bymany restrictions damaging the defense right of the defendant. In this thesis, through theinvestigation of the defense practice of death penalty, the problems existing in the defensesystem of death penalty are revealed and the reform measures are attempt to proposed inorder to promote the improvement of defense system of death penalty in the trial phase.Firstly, analyzed the value of the defense in the capital case from the particularity andprotect to defendant’s right and the extraterritorial experience. It is pointed out that Chinashould strengthen the protection of death penalty defense. Secondly, the present situationof the defense of death penalty in trial stage is investigated and analyzed. The realsituation and the dilemma of the defense of death penalty in China is pointed out throughthe typed data analysis of contents involved on the death penalty defense in the empiricaldata, and on the basis, analysis is conducted from the aspects of legislative norms, thequality of death penalty defense, admittance standard of death penalty and defense rightsin order to find out the reasons leading to the dilemma of our current death penaltydefense. Finally, the countermeasures of perfecting our death penalty defense in trialphrase are put forward. For instance, enhance the maneuverability of legislation, optimizetrial organization of the death penalty trial organization, and expand the gains of deathpenalty defender to stimulate their enthusiasm for defense.Improvement of the death penalty defense system in trial phrase is not onlysignificant for protecting the legitimate rights and interests of the death penalty defendant,but also ensuring the normal conduction of the litigation proceedings increasing theefficiency of the litigation.