On The Protection Of The Rights Of Defense In The Death Penalty Review Procedure

The death penalty review procedure plays an important function in the aspect of controlling and limiting the death penalty, and the most critical way to realize this function is to exercise the defending right effectively. As one of the means to safeguard the interests of the accused, The defending right exists widely in all kinds of criminal cases during the trial proceedings. It is not only the defendant's rights under the law, but also the guarantee of fair and impartial trial proceedings. The defendant is given the defending right in the death penalty review process. It can make lawyers involve in the death penalty review procedure, and express the defendant's appeal fully. It is very important to the defendants.The Supreme People's Court approved the death penalty right to withdraw in 2007, the country has issued a series of laws, regulations and policies to regulate the defending right in the death penalty review process. It makes a preliminary protection about the right of defendant. But in the present stage, there are still many obstacles in preventing the exercise of the right to defend in the death penalty review proceedings. Such as, the position of death penalty review process is unclear, and it affects the way the audit review process; The law of defending right is imperfect. There still exist some disadvantages in the remedy measures of the accused and defense lawyers involved in the review process, and to exercise of specific rights when rights are violated and so on. In judicial practice, the Supreme People's Court affected by the above factors and excluded the involvement of the right to defense. There is also a lot of situations that the defending right is hindered to exercise effectively. The function of death penalty review procedure can not be realized.As the lack of security and effective problem in defense of death penalty procedure, the death penalty review process should be positioned clearly. We can improve the protection of the right to defense from the following aspects of the program effective exercise regime. At the first, Clear the accused and defense counsel status and enjoy specific rights of the defense in death penalty review proceedings. In order to the accused and defense lawyers involved in death penalty review procedures provide a solid foundation. The second, Security benefits rights of the defense were infringed upon by the entity and procedural measures, and to gain the necessary remedies. Finally, the prosecution should bear the security functions of the rights of the defense, Through legal supervision of the effective exercise of the right to defense of the accused to be protected.