Japan’s Death Penalty Control Since Heisei And Its Reference

Judicial control is the most direct and effective way to control the death penalty from the national level.Through the coordination of various systems in the implementation process,the resistance of death penalty control can be reduced.After 30 years,Japan has laid a set of coordinated death penalty control system.From the application of death penalty in the process of judgment to national participation,and then to the guarantee provided by the reform of defense system,the experience of judicial control of death penalty in Japan has a high reference value.However,the practical experience of various judicial procedures for controlling the death penalty in China is relatively scarce.How to realize the internal improvement of a single system and the optimization and cooperation of multiple systems has become a problem that criminal justice must take seriously.This paper will analyze the experience of Japan’s system from the three perspectives of "death penalty discretion standard","jury system" and "defense system",try to optimize the details of China’s death penalty judicial control,establish a death penalty control system with both "legal principle" and "people’s nature",weaken citizens’ questioning of justice and strengthen judicial credibility.This paper consists of five chapters.The main contents are divided into combing the process of judicial reform in Japan,observing the operation effectiveness of the Japanese referee system,expanding and reforming the Japanese defense system,and studying the reference of the Japanese death penalty control to our country.Based on the application of Japan’s "Yongshan benchmark",as well as the operational effectiveness of the referee system and the national election defense system,this paper studies the situation of death penalty control in Japan in the past three decades.Through combing and research,it is found that the Application Benchmark of death penalty in Japan has formed a system,which provides a good foundation for referees to participate in the trial.At the same time,the reform of defense system is also advancing with the implementation of referees system.On the whole,Japan’s death penalty control system forms a situation of mutual cooperation and mutual promotion.Even though there are still some problems,its operation experience is worth learning from.In response to China’s future judicial system of death penalty control,we are committed to building a unified standard of death penalty discretion,selecting people’s jurors by division and specialty to participate in the trial of death penalty cases,extending the scope of death penalty defense,and fully mobilizing the positive role of lawyers’ associations to promote the good development of China’s death penalty judicial control system.