Study On Lawyer's Participation And System Improvement In Death Penalty Review Procedure

In 2012,China's Criminal Procedure Law provided that during the death penalty review period,lawyers have the right to put forward opinions,making it clear that lawyers can participate in the death penalty review process.However,in judicial practice,the participation rate of lawyers in the death penalty review period is very low in China.The opinions of lawyers have no substantial impact on the review results,and the role of lawyers in defense cannot be effectively played.The reasons are as follows:first,there are no laws and regulations on the protection of lawyers' rights during the review of death penalty;second,most of the lawyers participating in the review of death penalty are lack of professional quality;third,the review of death penalty and the legal aid mechanism fail to effectively link up and play the role of aid mechanism.In view of these three reasons,I propose that China should fully implement designated defense,increase the investment in legal aid institutions,set up the threshold for lawyers' access,and supervise the quality of legal aid;In order to further improve the quality of lawyers' defense during the review of death penalty,it is necessary to supplement and improve the legal provisions on Lawyers'rights,such as the right of lawyers to meet,the right of investigation and evidence collection.