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Research on Prosecution Supervision of Death Penalty

Author: SunBaoMin
Tutor: MoHongXian
School: Wuhan University
Course: Criminal Law
Keywords: Procuratorial oversight of death penalty Judicial control The standard of the death penalty Construction of due process
CLC: D926.3
Type: PhD thesis
Year: 2011
Downloads: 211
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Abstract


Follow the criminal integrated ideas to strengthen legal supervision of death penalty cases, the main line in order to achieve judicial control target of the death penalty, based on the death penalty legislation and practice of the problems, from a combination of theory and practice, both substantive and procedural unified, interdisciplinary multi-angle death penalty cases on file, investigation, trial, and execution aspects of the supervision measures, efforts to build and explore the theoretical system of supervision and operation of the death penalty prosecutions. The first chapter basic theory: the death penalty procuratorial supervision overview of the theory first, clear concept from the start to correct misperceptions supervision, On the solution supervision paradox reveals the connotation of legal supervision, summed up the characteristics of China's procuratorial system. Secondly, there is the death penalty judicial control mode, summarized the characteristics of the death penalty judicial control: control of the specific nature of the subject, to control the means of litigation, and to control the process of human control path to control the validity of the results. Regulatory capital punishment procuratorial supervision of connotation characteristics: the death penalty procuratorial supervision, procuratorial organs correctly apply in order to safeguard the unification of the death penalty, to prevent the occurrence of the death penalty unjust wrong cases of effectively reduce the number of death penalty execution, integration and enhance of power, carried out the death penalty litigation of balance adjustment and corrective supervision and activities. Again to study the death penalty the procuratorial supervision generation development and evolution; Review of the development path of the control of the national death penalty, study the typical national death penalty prosecutions supervision system; describes the legal basis of the death penalty procuratorial supervision and analysis of its value. The second chapter of the entity theory: the death penalty procuratorial supervision standard procuratorial supervision death penalty cases legal standards. Death penalty applies to General Standard for the understanding of differences, that scholars determine there is no principle of difference, \use of stand-alone does not have the implementation of the substantive significance, the specific provisions and the provisions of criminal law in the application of death penalty organic complexes have the derived value; synthesized reprieve cases the application need not be carried 12 specific criteria, examples introduced the practice has been effected in the defendant can apply the 13 situations reprieve, reprieve is the best way to control and optimal choice of the death penalty justice should follow the applicable reprieve is preferred, immediate implementation of the death penalty as an exception in the law enforcement principles, actively expand the scope of application of the reprieve, the purposiveness leniency extend, reduce the number of immediate execution of the death penalty; summarize the plot of discretion summarized in death penalty cases, that the Sentencing value judgment on the death penalty judicial restraint determinants of the statutory shall be given a lighter The plot of non-application of the death penalty is absolutely ruled out the special nature of mitigating circumstances does not apply the death penalty, emphasizing the discretionary mitigating circumstances leniency. About the the procuratorial supervision death penalty cases, the evidence standards. Proof Standard for death penalty cases, and that the in-depth analysis of the mechanism of occurrence of the reality of the inner meaning of the criminal standard of proof and the death penalty wrong case, stressed the increase in death penalty cases the standard of proof has no practical meaning, needs to be upgraded and Explanation of demonstrated skills and extent; Control the death penalty, to improve the effectiveness of the death penalty standard of proof is to increase the extent and magnitude of the proof that build complex procedures, additional filter screening mechanism, the role of procuratorial supervision, multi-level, multi-link gatekeeper control. Coordination of the enforcement of the death penalty conflict. Put forward to resolve the judicial interpretation of the idea of ??the conflict is the application of the substantive law explained the system owned by the exercise of the court application of procedural law is interpreted by the prosecution. Cases improved the coordination of Politics and Law Committee, the innovation system to build long-term mechanism, to further clarify the procedures and methods of law enforcement supervision, enhance the technical nature of law enforcement coordination, effectiveness and scientific. Chapter program theory: the death penalty procuratorial supervision program, death penalty cases' supervision. 'Supervision is the death penalty control link can not be ignored, but should deepen mechanism, revised structure, the establishment of mechanisms, the' supervision by the Chief of soft constraints converted to hard control of the judicial. Second, the investigation and supervision of the death penalty cases. Investigation and supervision is the focus of the procuratorial organs procuratorial supervision of the death penalty, but run parallel to the continuation and into the misplaced priorities, different powers, separation of duties characteristics of mixed mode, resulting in a procuratorial organs supervision and control of adverse natural defects. Optimizing the procuratorial supervision of prosecutors and police mode, to weaken the relationship of the police Attorney constraints, independent of each other, complement each other, mutual restraint, procuratorial supervision relationship for mutual cooperation, procuratorial supervision. Third, capital cases supervision. Supervision of criminal justice is the rational use of a key link in the control of the death penalty, including the death penalty sentencing recommendations conflict discrimination, separation of Prosecution Discretion of the death penalty mechanism to expand the death penalty conviction and sentencing procedures, discovery system to strengthen the evidence of the death penalty, death penalty the lawsuit unfavorable commitments and The Attorney objective obligation to go the wrong corrective six. Fourth, the death sentences supervision. Death penalty review procedures for the application of the death penalty judicial control efficacy special, take a different monitoring strategies according to the characteristics of the death penalty review specific cases, so that it limited the scope of the case and aspects of the work; diversified review; setting of time limits must temper justice value for money; strengthen the \Fifth, the implementation of the death penalty cases supervision. Execution process of great significance to the limitations of the application of the death penalty, but the implementation and monitoring of the death penalty is an urgent need to strengthen and improve the implementation of the main death penalty should be given to the judicial and administrative authorities within places of detention by judicial and administrative authorities in the uniform implementation of the prosecution monitoring the sector as execution oversight body is realistic and reasonable choice. Chapter reform theory: the death penalty procuratorial supervision perfect, the death penalty due process of building, focusing on illegal sanctions from the setup program, additional prevent Cuosha barrier strengthen the weak-side right of action to protect and improve the basic procedure system four the perfect death penalty due process. Second, the idea of ??upgrading procuratorial supervision of the death penalty. The Attorney law enforcement philosophy prosecutors gradually accumulated to form in the practice of law enforcement and guide its behavior thoughts, views and psychological state of the sum of. To uphold the death penalty prudent philosophy, the times philosophy, the concept of procedural due process, concept of harmony enforcement, perfect balance unified mechanism for application of the death penalty, for death penalty cases contradictory to divert mechanism, the establishment of learning to upgrade their skills development mechanism. Third, the death penalty procuratorial supervision mechanism reform, including the establishment of the internal supervisory process improvement and external coordination mode.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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