The Lawyer Defense System In The Death Penalty Review Procedure In China

With the exposure of a series of criminal wrongdoings,such as dong wei and Chen bin,people are paying more and more attention to criminal misjudgments.A criminal judgment is a legal act that deprives a person of property,freedom or even life,and cannot be restored or reversed once he is wrongly convicted and executed.There are many countries or regions in the world where the death penalty or the abolition of the death penalty or the abolition of the death penalty has been abolished in the law or in fact,and the corresponding countries and regions that retain the death penalty are very few.Thus,abolishing or restricting the death penalty is the current trend.At this stage,however,China also does not have the abolition of the death penalty social conditions,in order to ensure the basic principles of justice and safeguard human rights,only through the program to ensure that the death penalty on impartiality and fairness.As a punishment for the deprivation of human life,the legitimacy and rationality of the death penalty have been questioned by some people in our country.The idea of abolishing the death penalty has been recognized by some people.But the real abolition of the death penalty in China is bound to be a long process.In order to control the application of the death penalty,our country has set up the death penalty review procedure in addition to the normal procedure of first and second instance.This reflects the state's prudence in the death penalty.The new "criminal procedural law" of 2012,as amended,and its judicial interpretation,affirmed the defence lawyers may participate in the exercise of its defense function of death penalty review procedure,it is an important progress in China's criminal justice reform.Of legislation for the death penalty review procedure,however,a lawyer system of regulation is too simple,the principle,combined with some of the ideas and system itself is unreasonable,resulting in the judicial practice,we reluctantly see lawyers defense in the death penalty review procedure encountered difficulties.This paper is mainly aimed at the defense system of lawyers,which is indispensable for criminal misjudgment research and runs through the whole process of criminal litigation.And the criminal procedure law in our country in the process of modification,greatly strengthened the role of defense lawyers in criminal proceedings,the author from the perspective of criminal wrongly expound the necessity of strengthening a lawyer,andemphasize the need some defense lawyer in criminal wrongfully accused cases.The first part,the death penalty review procedure and the lawyer's defense as the entry point.This part mainly expounds the historical evolution of the death penalty review system in China,the nature and function analysis of the review procedure of the death penalty in China,and the relevant definition of the lawyer's defense.The second part is the extraterritorial investigation of the defense right of lawyers in the death penalty review procedure.It mainly investigates international norms,Anglo-American law countries and civil law countries.The Anglo-American law system mainly introduces the American lawyer's defense system and the British legal aid system.The civil law countries mainly introduce the task and status of the defenders in the criminal procedure of Germany and the relevant regulations of the appointed defense,as well as the relevant systems of Japan's national defense.The third part,the problems in the defense of the death penalty review procedure and the reason analysis.This part mainly expounds the current death penalty review procedure of defense attorney rights configuration is not complete,lawyers counsel status has not been approved,lack of the legal aid four problems and lack of right relief mechanism,and analyzed the reasons.The fourth part is to perfect the idea of lawyer's defense system in the procedure of death penalty.This part is the core of the full text and the innovation points,try to introduce in the death penalty review procedure effective defense system,perfect the legal aid system,establish the death penalty review procedure of lawyers right to relief mechanism,perfecting the death penalty review procedure in the law shall be investigated for criminal responsibility system and to protect lawyers comprehensive exercise of the right to defend.