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The Perfection of Procedure for Judicial Review of Death Sentences in China

Author: HanXiao
Tutor: WangZhiXiang
School: Hebei University
Course: Procedural Law
Keywords: Death penalty review process Litigation in a timely manner Right to defense Standard of proof
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 47
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Abstract


The death penalty review process is the Criminal Litigation specific program. Substantive justice, its fundamental purpose is to ensure that the death sentence to prevent Cuosha, indiscriminate killings, to ensure the unity of the death penalty use standard. From the 1980s, in order to meet the needs of the \The Death Penalty decentralization has brought a series of problems. Due to the complexity of the sloppiness of the legislative and judicial practice, China's death penalty review procedures, there are some shortcomings and deficiencies in the legislative requirements of the criminal proceedings or judicial practice run, and these defects and deficiencies has affected to a certain extent to the impartial judgment of death penalty cases, and the protection of the human rights of the accused of the death penalty cases, affect the value of procedural justice and substantive justice is finally realized. Thus, reform and perfect the death penalty review procedures to safeguard the rational operation of the death penalty review procedures to ensure that the death penalty review procedures to ensure the quality of the trial of death penalty cases, to prevent victimizes play an active role has become imperative to reform and improve the death penalty review process. This article, the author through the evolution of the study death penalty review procedures, analysis of death penalty review procedure ought positioning from start hearing range, the defendant rights protection, victims' rights protection, procuratorial organs involved in the problem, review standard of proof, review deadline and several other aspects put forward the recommendations of the Establishment, to be helpful to the reform and improvement of the death penalty review procedures. Text of this paper is divided into four parts: the first part describes the history of the death penalty review process understanding and the death penalty review procedures, including the provisions of legislation on the death penalty review power through the judicial practice of the death penalty review process of decentralization and recycling the fact that the two are combined in the second trial procedures and review procedures. The second part discusses the flaws of the death penalty review procedures in hearing range, hearing, hearing way. The third part of the function and the nature of the death penalty review procedures and positioned so as to prepare the ground for the later specific build perfect death penalty review process. The fourth part is the focus of this article, the first theoretically discussed China's death penalty review procedures improve the basic principles and philosophy, the specific improve measures from the scope of the review procedure, the start-up mode, the scope of the review, trial way to participate in the main, trial period, proved to the standard seven specific proposals to participate in the main focuses of the defendant, the victim, the rights and permissions of the of procuratorial organs tripartite review procedures. In short, only through a variety of effective ways to improve the defects of the current death penalty review procedures, play to the death penalty review process should function in order to promote the process of China's rule of law under the new historical conditions, the limit is reached, the application of the death penalty, should have the right to protect the rights of the main role.

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