On The Ancient Chinese System Of Death Penalty Review

The right to life is the most fundamental rights; protection of the right to life is the basiccontent of the protection of human rights. Life is the existence and development of basic, leftright to life on the other are all in vain. So the rulers in the severe punishment under thepremise of all advocate cautious application of death penalty, do less killing, killing cautiously,avoid causing miscarriages of justice. Because the death penalty if the executive life cannot berecovered, so the system of judicial review of death penalty will emerge as the times require.The ancient system of reviewing death penalty is an important legal system in each dynasty,because of the nature of criminal procedure, so it in Chinese litigation culture heritage left abrilliant, worthy of our study. The ancient system of reviewing death penalty is our learningand thinking is an important component of the Chinese legal system, is an important part ofnot mentioned. China’s current death penalty review system largely from the ancient systemof reviewing death penalty. The archaic review system of death sentence to prevent abuse ofthe death penalty, and promote social stability, ease class contradictions, safeguard the rulingclass, plays an important role in protecting the rights of the accused. The ancient system ofreviewing death penalty is an important tool for the ruling class as benevolent government,since it to its birth has been advocated by the rulers. The ancient system of reviewing deathpenalty does not accomplish at one stroke, which is a long process. It has its deep historicalroots, is the interaction of various factors and results, which produce the economic, political,culture of death penalty review plays an indelible role, they have, in the death penalty reviewthe development, in the process of improving left their deep imprint. The review system ofdeath sentence is rich in content, diverse forms, each dynasty based on inheriting the formerdeath penalty review on continuous improvement and innovation, emerged in a new form,death penalty has been under the control of the legal system to keep track of operation. Theancient system of reviewing death penalty and the other legal system are the same as theembodiment of the will of the ruler is serving for the ruler, is a ruler to maintain their own rule,a tool for maintaining social stability. But removing the class nature of the ancient system ofreviewing death penalty, the criminal punishment and the death penalty, and the importance oflife, attention is worthy of our reference.This paper is divided into three main parts: the first part outlines the meaning of China’sancient system of death penalty review and analysis of its social basis. The second part details combing the historical context of the death penalty review system. The final part of theanalysis of the characteristics of the death penalty review system combined withcontemporary review of death sentences to make some useful suggestions.