The Study on Establish the Special Relief System During the Procedure of Death Penalty
|Keywords||Death penalty Death penalty control Procedure of death penalty Performance Special relief system Procedure justice Guarantee of human rights|
Due to the domestic and external requirements to control death penalty, it is very necessary to establish the special relief system during the procedure of the punishment to terminate one’s life. The relief system can be used to meet the needs to implement the death penalty properly at the same time to reserve it. First of all, in this paper, I start with explanation the signification and content to establish the special relief system during the procedure of death penalty performance, and clarify the studying subject. Then, both macro and micro value analysis to establish the special relief system has been made,from which, one agenda we have to face and to be implemented is proposed, that is, establishing the special relief system in Chinese execution procedure. Although it is almost blank in the establishment field of the special relief system during the procedure of death penalty performance in China, practice and theory has been developed very well in Chinese Taiwan Province and other countries such as United States, Japan and Russia Etc. Through analyzing these regional and national experiences, selecting the essential and true, eliminating the rough and false, the basic concept of establishment special relief system during the procedure of death penalty performance in China has been proposed in this paper, including pardon system in the performance of death penalty, suspension system, shortened sentence system, retrial application system, and the monitoring mechanism for the above-mentioned systems.