Legal Studies On The Reform Of Detention House Management Mechanism

procedure for judicial review of death sentence of a unique limiting the application of the death penalty measures, the purpose of the design is that the implementation of the " less kill, be careful to kill the maximum extent possible to prevent victimizes " the death penalty in criminal policy, in order to improve the quality of the trial of death penalty cases protection of human rights and justice. January1,2007, the Supreme People’s Court to recover competence for judicial review of death sentence, it can be said that this is the beginning of our modern sense of procedure for judicial review of death sentence competence for judicial review of death sentence to recover after the running process to make interpretative provisions, to further improve China’s death penalty review process Formally implemented with effect from January1,2013the new amendments to the Code of Criminal Procedure, made a special chapter on procedure for judicial review of death sentence, the proceedings of the case and made the necessary adjustments. However, it should be seen that our procedure for judicial review of death sentence currently running, or there are some problems. For example, as the People’s Procuratorate of the legal supervisory authority can not effectively participate in the program, the defendant’s rights can not be effectively protected, the People’s Court in the review procedure insufficient. It is based on the investigation of these deficiencies, I intend from the discussion of this paper, the inadequacies of China’s procedure for judicial review of death sentence to be perfect, make it increasingly justify to the effective protection of the legitimate rights of the defendant, to prevent and even eliminate miscarriages of justice similar to " Nie Shubin case " is generated again.This article is a systematic analysis of the writing style, the body is divided into five parts:The first part is an introduction,"Nie Shubin Case" as a primer justify the absence of procedure for judicial review of death sentence in judicial practice and the importance of its sound.The second part of the analysis of a legitimate basis for the theory of procedure for judicial review of death sentence, first a simple introduction to qualitative controversial procedure for judicial review of death sentence for a long time theorists to understand, and then according to the author of procedure for judicial review of death sentence to understand its nature said, and according to the writer conclusive in its nature from the " litigation structure " and "consistent with the purpose of functional default" two justify procedure for judicial review of death sentence connotation analysis.The third part of the historical evolution of procedure for judicial review of death sentence and abroad made a combing death penalty relief provisions:the evolution of China ’s procedure for judicial review of death sentence mainly include an overview of the ancient Chinese system of procedure for judicial review of death sentence, procedure for judicial review of death sentence the development of the program in two parts since the Foundation; selected countries about foreign capital punishment relief system is based on civil law countries and common law countries retain the death penalty in Japan, the United States as a representative national elaborated.The fourth part of the implementation of the status quo of China’s procedure for judicial review of death sentence, as standard to justify the connotation of procedure for judicial review of death sentence, analysis justify inadequate performance, including inadequacies manifested by the Supreme Court in death penalty review procedures, procuratorial organs involved in procedure for judicial review of death sentence was inadequate, and the lack of efforts to protect the rights of the accused.Fifth part of the justification for the existing procedure for judicial review of death sentence many inadequacies basis related improve measures:the Supreme People’s Court justified procedure for judicial review of death sentence less than perfect, and further improve the prosecutors involved in t procedure for judicial review of death sentence specific measures to strengthen the protection of the rights of the defendant.