Research On The Approval Of Death Penalty From The Perspective Of Constitution

As the old penalty,the death penalty has played an important role in punishing crimes,guaranteeing the basic rights and interests of citizens and safeguarding social public order and national interests.Death penalty is not only a legal issue,but also a kind of culture.It involves various aspects,such as national politics,history,economy,social life and even philosophy.The popularization of modern human rights requires the country that still maintain the death penalty strictly limit the scope of application of the death penalty to serious violations of the right to life and other acts of violence,and gradually reduce the space for the application of death penalty,in other words,it is necessary to discuss the legitimacy of the death penalty system and clarify the relationship between death penalty and right of life and dignity of the human person from the perspective of the constitutional law,because the goal of the public law is to provide a fuller and better guarantee for the basic rights of citizens by setting scopes and limits for the enforcement of public power.This is the requirement of the development of the rule of law and final goal.Compared with other countries,the charge of death penalty is still overfull in China's criminal legislation.If cannot strictly comply with legal procedures and ignore human rights in judicial practice,the quality of death penalty cases and the fairness and justice of penalty must be questioned and even criticized.Human rights have been established in our Constitutional law.So,it is an immediate task to make an analysis to the death penalty from the perspective of constitutional law.The establishment of the Constitution and Law Committee of the 13 th National People's Congress will provide a good opportunity and platform for the implementation and supervision of constitutional law,for the advancement of review of constitutionality,and also provide actual possibilities for the influence of constitutional law on legislation and judicial practice.As final and unique judicial procedure of China that ensure the quality of death penalty cases,the death penalty approval procedure is still has many problems in legislative and judicial practice.This article intends to analyze and study these issues from the constitutional perspective.Chapter 1: Introduction.This section mainly introduces the reason for choosing the topic and the literature review.The death penalty approval procedure has problems such as inconsistency in the criteria for adjudication,insufficient safeguardsand exercise of defense rights and Non-litigation of approval procedures.Actually,there is a principled and abstract norm in the text of constitutional law,by explaining and systematizing the right of equality,right of defense and trial grade system.it provides a normative guideline at the fundamental law level for the solution of the death penalty approval process.The literature review provides the basis for a comprehensive understanding of the issue of death penalty by combing domestic and foreign remedies for death penalty and death penalty procedures.Chapter ?: The nature and origin of the approval of death penalty.As a special procedure which guarantee the quality of trials of death penalty cases,the death penalty approval procedure has played an important role in safeguarding the basic human rights of defendants,realizing procedural fairness,and unifying death penalty judgment standards.The approval of death penalty as a local legal system,it is necessary to review the review and rematch system of death penalty in ancient China.The life consideration and humanistic sentiment projected in ancient death penalty review and replay system are in line with the pursuit of human rights value in the modern sense.The process of decentralization of the approval right of the death penalty of the new China has many problems and may undermine the unity and integrity of the rule of law system.By reviewing this process,we will provide experience and lessons for the analysis of the issue of death penalty from the perspective of constitutional law.Chapter ?: The constitutional analysis for the existing problems of death penalty approval.This part is the focus of the article.The problems in the approval process of death penalty include inconsistency in the criteria for adjudication,insufficient safeguards for the right of defense,and non-litigation of the approval process.By returning to the constitutional text,the author analyzes the causes of the problem from the constitutional perspective and proceeds normative system of right of equality,right of defense,and right of due process,provides fundamental guidance for the resolution of these issues at the highest level of legal validity.Chapter IV: The Possible Impact of the Constitution on the Approval of Death Penalty.Borrowing the idea of “constitutional cases in both senses”,this paper proposes that in the future political structure model of China,the constitutional response to the death penalty issue must seek a path from two levels.The one is launch the review of constitutionality to relevant legislation by Constitution and Law Committee,the otheris the constitutional interpretation of law at the judicial level.