On Judicial Restrictions Of Death Penalty In China

The restriction and abolishment of death penalty has become an unstoppable international trend, and it is recognized by many international legal documents. As a Contracting Party of "International Convention on Civil and political rights", China should assume obligation to limit the death penalty until abolish the death penalty. Considering our country severe penalty doctrine cultural concepts and current national political and economic development since ancient times, our country has adopted the progressive path of robust, namely the side through the applicable legislation gradually abolished some of the non violent crime or non fatal death penalty, while by the introduction of the death penalty criminal policy of control through judicial control, let the death penalty gradually become the overhead of the provisions, until eventually pave the way for legislation to abolish the death penalty. In view of the short term may not be completely abolished the death penalty in legislation,and judicial control of death penalty in the legal practice of our country in the current has a very important meaning and function. The two part constitute control procedure law substantive law control and judicial control of death penalty of death penalty includes the death penalty.China’s current law on criminal entity law, applicable scope, applicable conditions of death penalty sentencing benchmark is applicable and the total score of the understanding of the relationship is not consistent. This need to through the control of death penalty legal, restraining and objective principle that judges establish not only does not exceed the statutory standard message, can the law applicable to control death penalty standard reference concrete. At the same time, the death penalty control mechanism of criminal procedure law is not perfect, needs the theorists to be refined to supplement. In addition to research the death penalty from a long-term perspective need to alternative measures, but also to solve how to improve the shortcoming of procedural law. As for the former, China should actively explore allows hypothetical life imprisonment system attached to a long serving life. As to the latter, in addition to the procedure of first instance related resources to increaseinvestment, from the source control of the death sentence to expand external, we should further improve the current death penalty review procedure mechanism, such as the Supreme People’s court review scope back to legal trial part, strengthen the procedure for review of death sentence of right of defense and lawyers participation, to protect the defendant the basic right of life.