The Research Of The Second Instance Trial Procedures Of The Death Penalty Cases

Since ancient times, death penalty is a heavy topic. It reflects most thorough hate of evil, also loaded with the highest hope of fairness and justice. Despite the abolition of the death penalty has become the consensus of the majority of the world’s countries and regions, but confined to the specific national conditions of China’s current citizens to death concept, the abolition of the death penalty is not realistic in the current and future period. The death penalty as the killings on behalf of the State, its application must have legal and ethical legitimacy, must comply with the provisions of our Constitution about respecting and safeguarding the basic human rights, must comply with the criminal policy of our reservations and limitations of the death penalty in the present stage,must fit in today’s world trend which strictly limits the death penalty even without the death penalty.The suspect in death penalty cases, and the defendant in the Defendants’ position face a real danger of a conviction, sentence, and deprivation of life. Strict control death penalty procedures has become a broad consensus of the international community. In second instance trial procedure, paying attention to fact, evidence, procedure and laws applicability is very important. Through death penalty cases of second instance, you can achieve the applicable standards of the reunification of the death penalty, and provide procedural safeguards to be careful to kill and prevent victimizes,in order to carry out the careful application of the death penalty of criminal justice policy. Since the second half of2006, all death penalty cases of second instance the implementation of the trial achieved for all to see, but the problem can not be ignored. In my own trial practice, from the second-instance death penalty cases, I will explor court proceedings,result part of the problem and provide suggestions for improvement.This article is divided into four parts.Theoretically, the value of second-instance trial in the death penalty cases will be explain. The general value of death penalty cases of second instance trial procedures will be described from the level of protection of human rights. The special value of death penalty cases of second instance trial procedures will be described from highlighting procedural justice dimensions.The second part will reveal the existing problems and causes in death penalty cases of second instance court proceedings from the perspective of judicial practice.Firstly, describing the relevant provisions:the scope of trial, pretrial focus of court proceedings and court the focus of investigation, the system of witnesses, experts, victims to testify, the actual jurisdiction of the case, the referee instrument making.Secondly, the main problems and reasons of death penalty cases of second instance trial:narrow range; virtual home phenomenon; Trial evidence is not fully demonstrated; witnesses, experts, victims to testify in court; ectopic of jurisdiction,"justice" and "sentence" separation.The third part examines the extraterritorial experience of the United Nations, civil law, common law about the death penalty cases of second instance trial, to provide experience for our death penalty cases of second instance trial procedural reforms.Part IV of death penalty cases of second instance trial program put forward a sound proposal. As follows:1. the right to life is the most important and most basic human rights.To ensure that every piece of the death penalty trial of the case can withstand the test of history, we must establish the rule of law, philosophy of life first and procedural fairness.2.To improve the trial procedures to ensure that the correct judgment of the death penalty cases, and promote judicial justice, protection of human rights, the range of death penalty cases of second instance trial should be clear, and establish mandatory appeal system.3. Before the second instance court, the judge examines Comprehensively, which easily leads to the first set after the trial, thus going through the motions hearing the situation.To strengthen the reform of the pre-trial procedures is to improve the basis for death penalty cases of second instance trial.4.Strengthen the related systems of the witnesses, experts, victims to testify in court. Death penalty cases, when entering the second trial program, the focus of controversy of the case is relatively concentrated and clear.Witnesses, expert witnesses and the victim to testify in court become more necessary, so the system construction witnesses, experts, victims to testify in court should be strengthened.5.In order to change the phenominine of "Trial are not sentenced, and sentenced without trial",to respond to the reforms about composed judicial committee and working mechanism, we should try to combine "trial" with "contracting",in order to make jurisdiction reasonable normalized, and ensure that the death penalty is correct, prudently applicable.