The Immediate Application Of The Death Penalty In China And The Suggestions For Improvement

The execution of the death penalty is the most severe of the types of penalties in China,and its application standards have always been the focus of attention.This article starts with the preconditions and substantive conditions of the immediate execution of the death penalty,and analyzes the applicable conditions for the immediate execution of the death penalty.The precondition for the immediate execution of the death penalty is “extremely serious crimes”.The main basis for its judgment is objective harm and subjective malignancy;the substantive condition for the immediate execution of the death penalty is “must be implemented immediately”,and the main basis for its judgment is personal danger.The interpretation of the conditions for the immediate execution of the death penalty can better regulate the application of the immediate execution of the death penalty.At the same time,it is very necessary to pay attention to the legitimacy of the execution of the death penalty at the time of application.This paper adopts the current death penalty policy orientation in China,the legislative orientation in the provisions of China's criminal law,the reflection of China's national conditions at the present stage,and the impact of social paradox on the death penalty.Explain that at the present stage in China,the existence and application of the death penalty are justified.Finally,from the aspect of entity and procedure,some suggestions are put forward for the judicial application of the death penalty,including the determination of the minimum standard of death penalty,the promotion of the certification standard of death penalty cases,the promotion of the role of lawyers in death penalty cases,and the strengthening of jury trials for death penalty cases.The role and optimization of the establishment of the collegiate bench for the death penalty case is intended to make the death penalty system in our country more perfect.