A Study On Sentencing Defense In The Second Instance Procedure Of Death Penalty Cases

Our country retains the death penalty,but always insists on strict control and prudent application of the death penalty in judicial practice.With the continuous development and progress of China’s criminal justice system,the protection of the rights of suspects and defendants in criminal proceedings has been greatly improved.The second instance procedure is an important chapter of the death penalty case and a key step for the defendant to defend and pursue leniency.Among the litigation rights involved in death penalty cases,the right of sentencing defense can be considered as one of the core rights,and the quality of sentencing defense is directly related to the defendant’s right to life.It is a form of defense in sentencing procedure,which reflects the protection of the basic rights of the accused in China,and is constantly updated and improved in the process of judicial reform in China.Therefore,it is necessary and feasible to study the issue of sentencing defense in the second instance procedure of death penalty cases.The text of this paper is divided into seven chapters,the main content of each chapter is as follows:Chapter one,overview of the death penalty second trial sentencing defense.By examining the concept of sentencing defense,the author interprets the characteristics and classification of sentencing defense.The sentencing defense of the second trial of death penalty reflects the important significance of protecting the legal rights and interests of the defendant,perfecting the litigation structure of the second trial and promoting the development of the quality of criminal defense in China.This paper reviews the existing literature,analyzes the research status and cutting-edge issues of the sentencing defense of the second instance of death penalty,and interprets the sentencing defense of the second instance of death penalty in court investigation and court debate with the doctrinal method.Chapter two,case analysis of sentencing defense in the second instance of death penalty.The author collected 30 judgments of cases in which death sentence was executed immediately in the first trial and the sentence was changed to death sentence with reprimands in the second trial from "Chinese Judgment Documents Network",and divided the defense of sentencing in the second trial into three types by analyzing their commonness and difference: The defense that cannot reach the standard of proof of death penalty judgment,the sentencing defense that has influence on the circumstances of responsibility punishment and the sentencing defense that has influence on the circumstances of punishment prevention are elaborated in detail according to each defense type combined with the judgment documents.Chapter three,the practice of sentencing defense in the second instance of death penalty.By summarizing the interview records of several judges of the Supreme Court and criminal defense lawyers,it is found that the normalization problems in practice include formalization and process of the trial process,marginalization and non-standard of sentencing defense,alienation of the application of sentencing circumstances,and simplification and formatting of part of the judgment documents.Chapter four,the extraterritorial experience of sentencing defense in the second instance of death penalty.After studying the relevant literature of the United States,Japan and Chinese Taiwan,the author summarizes the legal provisions of the second trial of death penalty cases and the restrictions of the second trial sentencing defense of criminal defense lawyers.And through the comparative analysis of different countries and regions,summed up the foreign experience of China’s enlightenment,such as adhering to the second trial of death penalty,pay attention to guiding cases.Chapter five,the improvement path of sentencing defense in the second instance of death penalty.In order to ensure the smooth development of sentencing defense in the second instance of death penalty cases,the author puts forward diversified improvement paths.The first is to guarantee the defense and relief of the second instance of death penalty sentencing,such as mandatory appeal of death penalty cases and sentencing hearing.Secondly,it is necessary to improve the entry threshold of defense lawyers of the second instance,such as setting up the qualification of defense lawyers of death penalty cases and strengthening the training of defense lawyers of death penalty cases.Third,to refine the sentencing standards for death penalty cases,to make the standards of death penalty adjudication specific and all kinds of sentencing circumstances clear.Finally,the review and application of sentencing evidence should be strengthened,requiring key sentencing evidence to be presented and cross-examined in court,and the judge should strengthen sentencing reasoning in the judgment.