On The Guarantee Of The Legal Aid Lawyer's Right To Defense In The Death Penalty Review Procedure

After several circulations of the Supreme People's Court and the High People's Court,the death penalty approval power was exclusively enjoyed by the Supreme People's Court in 2007.In order to regulate the operation of the death penalty review process,a series of legal regulations have been issued.China's "Exercise Procedural Law" allocates China's death penalty review right to the Supreme People's Court.In order to alleviate the pressure of the Supreme People's Court review work,the death penalty review right of some executions is suspended to the High People's Court.In this way,the distribution of the right to review the death penalty provides the prerequisites for the parties to the death penalty.The extent to which a party's right to defense in a death penalty case is exercised mainly depends on the extent to which his defense lawyer's right to defense is exercised.Judging from the current judicial status,not only the absence of defense lawyers in the death penalty review process,but also the situation in which defense lawyers are prevented from exercising their right to defense.The author conducted statistics and analysis on the status of defense lawyers in the review of death penalty cases by the Supreme People's Court and the actual situation of the exercise of the legal aid lawyer's defense right in the review of death penalty cases by the Supreme People's Court.There are many practical problems,such as the obstruction of the lawyer's right to defense and the poor remedy of the right.The reasons are the impact of the administrative review and approval mode of the death penalty review process;the lack of legal aid system in the death penalty review process;the inadequacy of current legal norms and the protection of judicial resources.The death penalty review procedure legal aid lawyer's defense right protection is not only the requirement of international human rights protection,but also the need to achieve an equal confrontation with the prosecution and defense,but also an inevitable condition for achieving judicial justice,and so on.Therefore,facing many problems in judicial practice,it is necessary to further protect the exercise of the right of defense of legal aid lawyers in the death penalty review process.First,the nature of the death penalty review process must be clarified,and thedeath penalty review process must be litigated in accordance with China's actual conditions to pave the way for defense lawyers to properly participate in the death penalty review process.Second,it is clear that the legal aid system applies to the death penalty review process;Legal aid lawyers are guaranteed to be able to exercise their right of defense during the death penalty review process.Finally,a sound relief approach for legal aid lawyers in the death penalty review process is established,and legal aid lawyers 'full exercise of their defense rights is guaranteed through legal supervision and legal relief.