Study On The Review Of Death Penalty Procedure In China

Death penalty is the most severe punishment in the penalty system all over the world.Once execution is executed,life is irreversible.Therefore,in today's world with the continuous development of human rights concept,many developed countries have abolished the death penalty according to the international requirements.At present,the death penalty can not be abolished in our country.It is based on China's vast territory,many ethnic groups and incomplete social stability.Compared to other death penalty,is the most powerful.But at the same time,our country should not abuse the death penalty.We should remain cautious,and only apply the death penalty to criminals who are deeply involved in crime.For the application of death penalty,our policy is to kill less and kill carefully.And the death penalty review procedure is specifically stipulated to protect human rights,prevent wrongful killing and restrict death penalty.In 2007,the Supreme People's court reclaimed the right to review the death penalty for a long time,and exercised the approval power uniformly.The decision not only raised the threshold of the death penalty case,but also strictly controlled the application of the death penalty.The cases of the immediate execution of the death penalty were reduced,and the quality of the cases was also improved.Therefore,for the purpose of saving lives and preventing wrongful killing,the death penalty review procedure is the last necessary threshold.The reform of the death penalty review procedure has opened the door of hope,and conforms to the voices of people from all walks of life,and many scholars have put forward suggestions to promote the further development and reform of the procedure for the review of the death penalty review.At present,the death penalty review procedure in China is a written,indirect and nonpublic way of trial.In essence,it belongs to administrative examination and approval.This way of marking is not conducive to the protection of the rights of the accused,but also hinder lawyers from effective defense and procuratorate's legal supervision.There are some problems in this way of reading:First,the way to start is too single,only the court reports,and the rights of the accused and the procuratoratehave not been initiated.It violates the principle of separation of control and trial.Second,there is also an unreasonable place for the review organization.The number of the collegial panels is small.The principle of the simple majority is not rigorous enough.Third,the way of reviewing written papers is too closed.It leads to the lack of litigation subjects,injustice,misconduct and selfish favoritism.Fourth,lawyers' right to defense is also limited.The contents specified in the law are too abstract and simple.Lack of specific maneuverability regulations;Fifth,the procuratorial organ can't carry out effective supervision.The position of the procuratorial organ is not clear,The provisions of the law are too simple,and the supervision after the event is weak.Sixth,there is no certain time limit for the review of death penalty,which is not conducive to the defendant,nor to the principle of efficiency.Finally,according to the corresponding problems,we put forward suggestions for improving the procedure of death penalty review.We should change the way of starting and give the defendant the right to choose.We should restructure the reconsideration organization and review rules,increase the collegial panel's personnel and implement the principle of consistent adoption.We should apply the reform mode of review,the hearing procedure,the public trial and the written trial,so as to apply the gradual development of the law.We should improve relevant laws and regulations concerning defense counsel's right of defense and procuratorial organ's supervision right.The legal basis for its specific operation.We must determine the term of death penalty review and implement the principle of unity of fairness and efficiency.