Study On The Litigation Reform Of The Death Penalty Review Procedure In China

As an unique system applicable to capital cases, the death penalty review procedure is a powerful barrier to ensure the correct application of the death penalty in China, to improve the quality of the trial of capital cases, and to guarantee the accused' right. But the defect of the death penalty review procedure in the judicial practice has restricted the full play of its function severely, so there is needed a reform for its program settings. The author starts from defining the nature of the death penalty review procedure, so that can clear the litigation reform is the direction to the death penalty review procedure, and then analysis the problem existed in the practice to putting forward the targeted and specific reforming tentative, and with the procedural justice as the theoretical support of the reforming, to enhancing the litigation and viability of the death penalty review procedure, maximizing the function of the death penalty review procedure.There are four chapters in this text. The first chapter is concerning the definition and the function of the death penalty review procedure. How to define the nature of the death penalty review procedure is decided the direction of the reforming, and it's also the basis to putting forward the reasonable reforming tentative. Using the nature of the right to approve death sentences to judging the nature of the death penalty review procedure, furthermore from combining the analysis of the death penalty review procedure inevitability with the facing judicial reality, so defined the death penalty review procedure should be quasi judicial procedure creatively. Through the analysis of the function of the death penalty review procedure in China, emphasizes the importance of the reform of the death penalty review procedure in our country.The second chapter, it's the investigation and enlightenment from America, Japan and Taiwan' special relief procedure of death penalty cases. With the abolition movement of the death penalty, many countries have not set the death penalty any more, even for the countries (regions) which retain the death penalty have generally limited application of the death penalty through the program controlling. America, Japan and Taiwan, these region are the typical area still retain the death penalty which are controlled by the program settings, their mature legal system, perfect relief system,and scientific program settings have brought strongly judicial and social effect, all of these worth to be learnt for our litigation reform in the death penalty review procedure.The third chapter, it's the analysis of the problems and causes existed in the death penalty review procedure in China. Analyzing the problems can make the foundation to coming up the specific reform measure. By the influence of the traditional "authority standard" ideas and the limited understanding of the death penalty review procedure' s function, which makes the death penalty review procedure in our country has many problems in the judicial practice, but in a word it is that the “administrative color” is serious, so the removal of administration become the focus of the reform.The fourth chapter, it is the specific tentative of the litigation reform to China's the death penalty review procedure. With the procedural justice as the guiding principle, aiming at the defect of the death penalty review procedure, propose the concrete suggestions from the major participate, review procedure, sentence standard,and supervision, to remove the administration among the death penalty review procedure, and enhance the operability to the death penalty review procedure..