The Theory Of The Death Penalty Review Procedure Of Procuratorial Supervision

The death penalty review procedure is a special trial procedure,discussed with detailed provision in the criminal procedure law in our country the standards for the specific operation of the program,to ensure the correctness of the death penalty has played an important role.After death penalty execution,its correct is very difficult,therefore,the seriousness of this program to have necessary and particularity,and criminal procedure law gives its and the course of a position,to the program as to ensure correctly apply the death penalty "maginot line".Procuratorial organs as legal supervision organ,in the protection of human rights,safeguard social fairness and justice in played an indispensable role.However,the present stage of our country's criminal legislation and criminal justice defects restricted the function of procuratorial supervision on the death penalty review procedure,cause the procuratorial supervision "on the shelf.Supported by detailed professional knowledge of law,this paper basing on rational thinking of the value of procuratorial supervision system as a starting point,using the research methods such as documentary analysis method for restricting procuratorial organs in the death penalty review procedure cannot effectively perform the procuratorial supervision function of criminal legislation and criminal justice in reality factors,and accordingly puts forward some pertinent Suggestions,such as in the criminal procedure law further clear the procuratorial organs of the death penalty review procedure of procuratorial supervision,adjustment of the death penalty review procedure of the trial form for procuratorial supervision may,etc.,the purpose is to further improve the system of criminal lawsuit procuratorial supervision of the relevant specification,at the same time improve the death penalty review procedure of procuratorial supervision mechanisms,especially set up and improve the collegial panel questioned the death penalty review system of prosecution in the defendant,and improve the method of inspection about the death penalty review cases both houses information reporting system,in order to help to ensure that the death penalty correctly apply and the realization of the constitutional principle of respect and safeguard human rights.I think,give play to the procuratorial supervision function of procuratorial organ in the death penalty review procedure is very important,through the internal supervision and external supervision and to enhance the transparency of the death penalty review procedure,to ensure the correctness of the death penalty.