Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Study on Procedure of Judicial Review of Death Sentence

Author CaoWen
Tutor ShenJunGui
School Xiangtan University
Course Legal
Keywords Death penalty review process Death Penalty Of justice Trial procedures
CLC D925.2
Type Master's thesis
Year 2008
Downloads 174
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Death penalty review process, as a special trial procedures independent of the outside of the second instance is final, the last one in the prudent use of the death penalty in China program barrier. Scientific and rational death penalty review process has the protection of human rights, to correct a miscarriage of justice and power constraints three functions. Since ancient times, the rulers of the state attaches great importance to the review of death penalty cases, there has been \Since the founding of New China, the development of China's death penalty review process is mainly reflected in the changes of the Death Penalty, specific delegation of Death Penalty - recycling - recycling and decentralization - such an iterative process. The Death Penalty decentralization death penalty review process is virtual home, can not play the program features. October 31, 2006, the Standing Committee of the National People's Congress on Amending the Organic Law of the People's Court of the People's Republic of China> Decision provides: \This means that the Death Penalty After years of decentralization, again reverted by the Supreme People's Court. The recovery of the Death Penalty, is the symbol of the progress of China's judicial reform, strictly control the application of death penalty, uniform application of the death penalty standards is of great significance. But we should see, just to recover the right to approve death sentences can not fundamentally solve the problem. In recent years, the Supreme, the Supreme People 's Procuratorate, the Ministry of Justice, Ministry of Public Security on death penalty cases, the introduction of a series of new regulations, but the existing death penalty review procedures, there are still a single start-up mode, the hearing is not open, unreasonable trial organization, prosecution and the defense the two sides do not participate in the trial period is not timely flaws and shortcomings. These defects and deficiencies have been affected to a certain extent to the ends of justice in death penalty cases and the protection of human rights of the defendant in death penalty cases, affect the value of procedural fairness and substantive justice the final realization. To avoid the death penalty review process a mere formality, resulting in a waste of valuable judicial resources innocent, we should depart from the three major functional point of death penalty review process, to limit the application of the death penalty principle, the principle of participation in the proceedings and promptly heard principles guided by the principles, reasonable construction of the death penalty review process. First, given the defendant procedural especially start right; Secondly, the use of \review period. Strive to get rid of the drawbacks of the death penalty review process on the basis of the program is transformed into an independent, real action on trial procedures.

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