On The Effective Defense In The Review Procedure Of Death Penalty

The death penalty review procedure already has the related legislation confirmation its to allow the lawyer to intervene the stipulation.However,due to its strong principle,it is not good for defense lawyers to exercise their rights in practice.In fact,the right to meet lawyers,to review papers and to investigate and collect evidence has not been effectively realized.At the same time,the legal aid system is not extensive enough and the state financial support is insufficient.A variety of reasons lead to the death penalty review process lawyers can not achieve effective defense.The root cause of these problems is that China does not attach importance to the historical tradition of the right to life,as a result of the essentially administrative nature of the procedure and the unfair distribution of resources.To realize the effective defense of lawyers,we must carry on the system construction from the legislation,Through the analysis of China’s history has been used in the death penalty review system,referring to the current international human rights protection trend and China’s constitutional principles,to understand the reasons why Chinese lawyers fail to realize effective defense in the death penalty review procedure at present,and according to the national conditions and the international situation to summarize the system reform measures suitable for China’s characteristics,effectively improve the effect of lawyers’ participation in the litigation process and build a bridge between public power and the people,promoting judicial openness,in particular the review procedures for capital punishment and the opinions of the judges after the transfer of cases to the supreme people’s court,to publicize the opinions of defense lawyers and the Suggestions of the procuratorial organs,provide opportunities for public supervision,increase the intensity of legal aid,change its administrative characteristics to strengthen litigation,open review of the reasoning of the instrument,to strengthen the participation of lawyers and protect the personal rights of the defendant through various measures,to realize the purpose and function of the death penalty review procedure.