Research On Human Rights Protection In Death Penalty Execution Procedure

As a kind of irreversible ultimate punishment,death penalty has always involved the nerve of the society.Recently,China has gradually reduced the number of death penalty charges and strictly restricted the application of death penalty in the aspect of substantive law.However,the inadequacy of procedural guarantee makes the criminals subjected to the execution procedure unable to maintain their final dignity.In the execution procedure of death penalty,there is a special power relationship between the authorities and the person subjected to execution.Due to the irreversibility,confidentiality and closure of the execution of death penalty,the status of the two sides in the special power relationship in this field is extremely unequal.The protection and realization of the human rights of the person subjected to execution depend entirely on the legislation and the practice of judicial operation.China can learn from the theory of special power relations to balance the two goals of "death penalty execution" and "human rights protection",that is,the subject of power should abide by the principle of legal reservation when restricting the basic rights of the subject of execution,and other restrictions on non-basic rights can give the subject of power more discretion.Therefore,this paper will divide the rights of the person subject to execution into standards,and demonstrate the limits and principles of the protection of their rights from the perspective of the limits and ways of different types of rights.The paper comprises four parts.The first part,as the theoretical basis of the whole paper,introduces the basic content of the theory of special power relations and its reference in protecting the human rights of counterparts,and demonstrates the necessity and feasibility of introducing the theory of special power relations in the execution procedure of death penalty.In the second part is how to use the theory of special power relation to the classification of the human rights guarantee mode,build the execution procedure rules of human rights protection in our country.First of all,the scope of the rights of the person subject to execution is defined by the standards of "qualification of the subject of deprivation of rights" and "restriction of the exercise of rights".Secondly,according to the degree of restriction and its impact on the person subjected to execution,this part of the rights can be divided into the rights that cannot be restricted and the rights that can be limited.Furthermore,the rights that cannot be restricted are further divided into substantive rights and procedural rights,and the rights that can be restricted are further divided into fundamental rights and non-fundamental rights.On the basis of this classification,the way,degree and principle of the authority to restrict them are clarified.The third part,under the guidance of the above rules,examines the current situation of the rights of people subject to the execution procedure of death penalty in China from the perspective of legislation and practice,and analyzes the causes of the problems.The fourth part,based on the existing problems,first divides the rights of the executed from the nature of rights,and then provides improving plans for the protection of the human rights of the executed from the aspects of legislation and practice.