The Prosecutorial Supervision Of The Death Penalty Review Procedure

As China’s death penalty review procedure of death penalty cases to protect the defendant’s right to last but crucial hurdle, both for final relief of the rights of the accused and to the whole proceedings integrity and impartiality, are of significant research value. In 2007, the Supreme People’s Court regained the right to judicial review of death sentences that down more than 20 years, indicating that our carefully on the execution. Adopted by the first half of 2012, amendments to the criminal procedure law expressly conferred powers of the prosecutors involved in the review of death sentences.In the second half of the same year, the Supreme People’s Procuratorate set up judicial review of death sentence the Prosecutor’s Office that specifically responsible for the supervision of the capital case review. The legislation and institutions are clear on the death penalty review right of supervision of the prosecution, also reflects China’s implementation of the "little kills" and "wary of killing" policy of death penalty attitudes and actions. However, from the legislative point of view, for supervision in the review of death sentences, except for some provisions of principle in Chinese law and not much available in practice is based on the detailed provisions of the judiciary. Not only that, seen from the judicial practice, whether the death penalty review procedure itself, or court and contact mechanisms between the public prosecutor’s Office have inherent defects, this led to prosecution of the effect of the review procedure reduced, procuratorial organ unable to implement the "kill less," "self killing" criminal policy, does not play well to protect the right to life of his last, maintain legal authority as they should. It can be seen that, in the empowerment of prosecutors who participated in the review process at the same time, more pressing needs to do is to improve its oversight of the path so that prosecutors can play very well in this program effective monitoring effects.The article illustrates prosecutors involved in the procedure for review of death penalty jurisprudence firstly, giving procuratorial theoretical support, at the same time it points out that in our present circumstances, prosecutors involved in the review of death sentences has a practical necessity. Then it studies the current status of procuratorial supervision of the review of death sentences, found that the main obstacles hampering the effective supervision of procuratorial organs consists of three major aspects, legislative issues, the review process itself, as well as by checking mechanism problem, and analysis and solve these problems separately. And then it gives such as United States, and Russia still retains death penalty countries useful experience from relief on the rights of the defendant, and by absorbing foreign experience come to the review procedure of the perfection of enlightenment. At last, the article made perfect path for effective supervision of procuratorial organ. Generally speaking, researching and improving the procuratorial supervision of the review program, not only to protect the defendants ’ rights,but also to the justice, maintains legal authority has very important significance.