On The Protection Of Human Rights Of The Condemned Criminals Sentenced To Death In China

From the global development trend, the eventual abolition of the death penalty will become a major trend, but the specific situation of our country decided to abolish the death penalty can not be achieved in a short period of time, the number of death penalty and the death penalty for China's reserve are at the forefront of the world. I work in the intermediate people's Court of Criminal Justice Department, witnessed many criminals were sentenced to death in accordance with the law, after the Supreme People's court approved the death penalty, personally involved in the execution of the death penalty. According to our law, within seven days after receiving the death sentence of the Supreme People's court, the offender shall be delivered to the execution of the criminal law. In just a few days, as the judicial organs, but also the death penalty execution organs, need careful arrangement and carry out many work to ensure this special group of the last right in life, while maintaining the seriousness of the execution of punishment, this is the work of the judiciary level test, worth thinking and perfect.Based on the existing in our country's execution in the process of the protection of human rights defects, using case analysis method, comparative analysis method, and drawing on the experience of death penalty reservation state on the death of the protection of human rights, combined with the reality of our country, put forward reasonable suggestions to improve the protection of the rights of prisoners.This paper is divided into four parts:The first part is the understanding of the human rights of the condemned. This article first elaborates the concept of human rights, on the death and definition of human rights, the death penalty has been discussed in this paper only refers to the Supreme People's court approved the death penalty, the legal status of prisoners sentenced to death and death of human rights features and content.The second part is the problem of the human rights protection of the death penalty in our country at present. In this paper, the typical cases from the judicial practice, refining the seven outstanding problems exist, respectively:the right to meet the family members of the exercise of norms is not uniform, in the way of execution of the death penalty, the death penalty has no choice, and the right to control the execution of the execution, the secret of execution is lacking, single body treatment, the exercise of the right to appeal and accusation and report is not clear, the pardon system stipulated by the constitution is not implemented in the criminal law, the lack of regulation and supervision of human organ donation. Aiming at the above problems later, according to the comparative analysis, to solve the problem.The third part is the reference of the human rights protection of the death penalty in foreign countries. From the aspect of the application of death penalty charges, object, pardon and commutation and executing mode, drawing on relevant laws and regulations still retain the death penalty by the state and the actual execution effect, in order to bring some enlightenment to solve the existing problems in the current situation in China.The fourth part is about the perfection of the human rights protection of the condemned criminals. The main problem with summed up the second part puts forward seven aspects corresponding to the views and suggestions, the historical origin and the present system design from the last meeting the right security recommendations put forward, combined with the current practice of other countries and the situation of our country to give the death penalty for the implementation of the right to choose the way make the death penalty, and strictly implement in accordance with the to the law and human dignity and protect the individual secret execution, combined with the reality of thinking minority inhabited by our nation and Yunnan Province, put forward to respect the customs and beliefs of minorities in death row, on the existing basis to further improve the death penalty appeal and accusation of the exercise of the rights of procedure and supervision mechanism, improve the implementation of the death penalty amnesty thinking about the death penalty system, the last of the organ donation. Through the discussion above, make our country has approved the death penalty of human rights more attention, pay attention to the improvement of safeguard measures.