The Study On Trial Class System Of The Death Penalty Case In China

The death penalty is the most severe punishment. It is non‐recoverable. Due to various opinions， the death penalty cannot be abolished in China currently. So in the legislative level， there is high requirements for the trial class system design. In the criminal procedure， death penalty review procedure is unique， and is an exception in the two‐instance trial system. But its application becomes formalistic， which fails to fulfill its function. The death penalty is abolished and strictly controled around the world. The proper way to handle the death penalty is to ensure the judge’s justness， penalty’s appropriateness， and strictness. The purpose is to innovate trial class system at present， that is， to change the two‐instance trial system into the three‐instance trial system， and to use the third judge ordinary judge to replace the the death penalty review procedure. It can reasonably allocate litigation and judicial function of various litigation subjects and judicial subjects， can strengthen the responsibility of trial group and trial and judicial procedure in the trial class， can adopt defense function and procuratorial function as to the restriction and supervision from outside， can convert the flouted death penalty review procedure to independent trial procedure， and to ensure justice. The study has four parts， which takes deep research on death penalty trial class system. The first chapter deals with the basic process of the trial class system， illustrates the concept， value， patern， function of the trial class system， and the representative trial class system. The second chapter reveals various problems of this system， and paves the way for the following deep research. The third chapter focuses on the necessity of the system reconstruction. The forth chapter puts forward solutions for the system reform， which means adopting the three‐instance trial class system to overcome those problems exsiting in the death penalty review procedure， to improve trial quality， and to put forward some practical suggestion on the three‐instance trial system procedure.