The Transformation Of China’s Death Penalty Review Process And Procedures

The death penalty is a the Zhu punishment of the criminal law in the most severe form of,execution by the appropriate authority based on the law, ending the lives of criminals, it lostthe possibility of a penalty of crime, irreversible and irreparable, but alsoknown as capitalpunishment. Environment in the progress of globalization, human rights and the rule of lawreform to reduce the restrictions and the abolition of the death penalty has become anirreversible trend, more than two-thirds of the countries and regions in the world haveabolished the death penalty, judicial practice in China by considerations of their own nationalconditions, history and tradition, social status, people and requirements, and so, alsoinappropriate to immediately abolish the death penalty. However, under the premise of theabolition of the death penalty, how "small kill","Shen kill","Prevention of victimizes becomea reasonable choice of our penalty. The death penalty applies to control within the strictstatutory range, you need a concrete expression of the death penalty review process functionas the national attitude. China’s Criminal Procedure Law has just gone through changes, thedeath penalty review process has been further improved, but there are still a little less than thedeath penalty review process, which restricts the realization of its basic functions. Throughthe above analysis, we can easily draw the direction of the reform of death penalty reviewprocess should be to the proceedings of the development, expanding the participation of theprosecution and defense play the conclusion of the function of the right to relief. Thesespecific issues, the reform will inevitably lead to substantive changes in death penalty reviewprocess procedures, the program must be to break the shackles of the original sense of theprogram to improve the trial level immediately "third instance" conversion. Independentreview of the level of change will bring the conversion of administrative oversight proceduresto the right relief program, in line with the modern judicial philosophy, which is conducive tothe realization of the right to relief and double the value of the target efficiency of theproceedings.