A Study On The Procedures For Supervising The Immediate Execution Of Capital Punishment

My country is one of the countries in the world that still reserves the death penalty.Compared with other kinds of punishments,the content of death penalty execution is the right to life of criminals,which highlights the severity and punitive nature of the penalty.Because of the particularity of the execution of death penalty,it is necessary to execute it accurately,timely and humanely.The supervision of the execution of death penalty is a necessary procedure set by the legislature for the smooth implementation of the execution of death penalty,which is of great significance for punishing crimes,maintaining social fairness and justice,promoting the rule of law and safeguarding the rights of executed criminals.However,from the perspective of current legislation and judicial practice,there are still some problems in the supervision procedure of execution of death penalty,and it has not played its due supervision effect.It is an urgent problem for the execution supervision of death penalty to perfect the defects in the legislation of the execution supervision procedure and effectively implement them in judicial practice.Basic theory of learning and research is the foundation of analyzing problems and start,text from a death penalty execution supervision program immediately related theory,by the concept of immediate execution supervision procedure,to clarify the characteristics of immediate execution supervision procedure,and discusses the value of the death penalty execution supervision procedures,and analyze the evolution of the death penalty execution supervision procedure in China are introduced.After clarifying the relevant basic theories,this paper reviews and draws lessons from the relevant legislation of relevant countries outside China,and draws lessons from the comparative analysis of China's supervision procedures on the immediate execution of death penalty.At present,the procedure of immediate execution supervision of death penalty in China has been improved compared with the initial stage of its establishment,but there are still some deficiencies.Based on the current situation of relevant legislation and judicial practice,this paper holds that the main problems in the immediate execution supervision procedure of death penalty include the narrow scope of the subject of immediate execution supervision,the incomplete content of immediate execution supervision,the uncoordinated work among related departments,and the formalization of the "on-the-spot supervision" by procuratorial organs.The existence of these problems seriously affects the realization of the value and function of immediate execution of death penalty in China and is not conducive to the function of procuratorial organs and the protection of the rights of executed criminals and their relatives.As for the above problems,the immediate execution supervision procedure of death penalty should be improved from the following aspects.The subject of immediate execution supervision should be expanded,the content of supervision should be improved,the cooperation between relevant departments should be strengthened,and the substance of "on-the-spot supervision" should be guaranteed.The reasonable perfection of the execution supervision procedure of death penalty is the requirement of The Times for the development of the rule of law in China.