An Empirical Observation Of The Second Instance Of Death Penalty Procedure

Death penalty is undoubtedly the most penalty in today's legal cases.Whether the Hugo case was more than 20 years ago or the most popular Jiang Ge case and nanny arson case at the moment,the highest degree of public concern was whether the defendant died or did not die.All this has resulted from a lawful death penalty procedure.As Hegel said: the legal process gives the parties the opportunity to assert their evidence and reasoning,and to enable the judge to discern the case.These steps themselves are rights...As an important part of the death penalty case,the second trial procedure must be the most important step for the defendant to exercise his power.This article is divided into five parts.The first part is an empirical study of the second instance of death penalty.First of all,in many studies of death penalty,the study of the second-instance procedure is relatively rare.Given the importance of it of the death penalty case,Many problems can only be discovered and resolved through empirical research.In the second part,why change of referee result into the study.The focus of the death penalty study is nothing more than the establishment of the system and the improvement of practice.Everybody focuses on the level of institutional construction.How to improve in the judicial practice requires us to study the methods for discovering problems.Today,when the attention of death penalty cases has skyrocketed,the referee has changed.It is a relatively straightforward observation point,and the changing factor is the key to finding the problem.To propose the scientific and rational application of the death penalty,should make a full observation of the judicial practice on the basis of a full understanding of the theoretical basis of the death penalty case.In the third part,the influential factors of the death penalty change are studied by visual observation of the database: new evidence factors,defense factors,victim factors and trial factors.These four influencing factors were extracted for the intuitive observation of the referee results.The authors found and confirmed the existence of death penalty cases on the basis of the analysis of various factors.In the fourth part,through empirical observation,we found that the death penalty cases had obvious problems in various factors.These problems were mainly reflected in the effectiveness of the defense,the appearance of witnesses,the mode of judgement,and civil compensation.The author then proposed the fifth part.In the case of death penalty,we should pay attention to the comprehensive analysis of the influence of various factors in order to give a reasonable result of the referee.