A Practical Research On Death Penalty Execution Surveillance In China

Although the abolition of death penalty is irresistible trend international society, thecondition is not suitable yet in China, and death penalty will still be an important part ofpenal system for quite some time by many reasons of China’s political, economic,cultural aspects and so on. The execution result of death penalty is final. Once it is done, itis permanent, irredeemable, and irreversible. Therefore, the accuracy of execution shall beensured; at the same time, death penalty is recognized as the most severe penalty andutilized to overawe and fight against crimes. Hence, timely execution shall be ensured aswell. While the condemned criminals will be deprived of the life right, their legitimaterights and interests and those of their families still should be protected, and the executionshall be humane. In order to execute accurately, timely and civilized, necessary securityis specially set up in Chinese laws, among which death penalty execution surveillance isone of the most important parts. This supervision system has been running for many years,but even to this day, it is still found to be imperfect with many problems, and it has notideally played its proper role.Using relevant theoretical analysis and empirical research method, from theperspective of practice of death penalty execution surveillance, this paper found thatthe legislation of death penalty execution and its surveillance still have some problems,such as incomplete system, relatively macroscopic and abstract content, insufficientoperability.; Besides, there are circumstances such as unsound working mechanism andinadequate inter-subject cooperation and coordination in practical work. Moreover,the specific subjects of supervisory duty still need to further improve the supervisionability as well.As a result, relevant legislatures and departments shall amend the existing laws andregulations to expand the surveillance scope of death penalty execution to the wholeexecution, and turn the vague and abstract provisions into specific, clear and reasonable ones; At the same time, the subject of supervision shall establish and improve thecorresponding mechanism, facilitating each department to give full play to their respectiveadvantages and coordinate with each other so as to improve work efficiency andeffectiveness, consequently,promoting death penalty execution surveillance to give fullplay to its ideal effect.