Dissertation > Excellent graduate degree dissertation topics show

Realistic path to the death penalty procedures limit

Author: LiuHuiSheng
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Procedural Law
Keywords: The death penalty process is independent Procedural fairness Proceedings of the program transformation The defendant the right to petition The victim 's right to participate in The effectiveness of the defense
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
Read: Download Dissertation

Abstract

Death penalty in China, carrying too much social significance. Death Penalty waste judicial restrictions on the death penalty, has always attracted the attention of the Chinese legal person. The future of the death penalty, should be aimed at the limit or repealed? Restriction of the death penalty, but also should focus on where?, How to improve procedural restrictions on the death penalty in the judicial conditions? Paper from the death penalty should be chosen to limit rather than repealed road-based, drawing on the experience at home and abroad, it is envisaged that the death penalty are separate from the ordinary criminal procedure, so that one can highlight the importance for human rights in China; the other hand, it is also possible to capital punishment should have the most stringent procedures set on this basis points as a testing ground for various judicial reform proposals, in order to avoid too much influence in the general program on a pilot basis, the problem of high cost, as to kill two birds with one stone effect. The death penalty is independent and not reinvent the wheel, but the death penalty procedures in the current criminal proceedings on the basis of the inadequacies of the features for death penalty cases and existing procedures make systematic improvements. On the jurisdiction, emphasizing the investigative jurisdiction of the public security organs should be set consistent with the jurisdiction of the judiciary, the municipal level investigative organs. In the prosecution process by the prosecution in sentencing statutory right to make recommendations on the issue of death penalty cases as a sign of death penalty cases start; paperwork to strengthen the program to reinforce the current litigation documents that rational defects; by adjusting Responsibility for Evidence the realization of the right of lawyers to protect the investigation and evidence collection; using all of the pre-trial judge to set up and archival materials transferred to eradicate the problem of judges prejudge even the one-sided prejudge. When the cases into the formal hearing stage, the death penalty procedures to improve the quality of the case to ensure that the trial judge Requirements; learn from Western experience the conviction and sentencing process separation in order to adapt to the different requirements of the different stages: in the conviction program, try to join and reform Western jury system in order to achieve both convicted prudent and able to adapt to the reality of our country, the implementation of more stringent rules of evidence and to avoid rash on the offenses identified; witness to attend for cross-examination system more systematic set to ensure that cross-examination can be carried out; in the sentencing process, established a pre-sentencing investigation report system to ensure the defendant favorable and unfavorable information can be as comprehensive as possible to show, given the opportunity to talk to the victim and the defendant and start the Sentencing the right of the right to make recommendations to achieve the participation and protection of the rights of the victim; the sentencing phase of the standard of proof has been adapted to the realization of the principle of liberalization to promote criminal culpability. Of the second trial stage there are no small defects, initiated by the defendant appeal system does not ensure the defendant's right to appeal, changed to automatic appeal system, but also the international practice; China's court system by the local financial constraints, the system causes court administrative tendency, in some cases this effect so that the second instance non-existent, so a way to achieve the protection of the right to appeal and the court as a whole to avoid given the defendant requests interprovincial second instance Although the cost of doing so, but the increase death penalty cost point of view, in order to control the number of death penalty is not unacceptable; since the second instance using the principles of a comprehensive review of the written proceedings is clearly difficult to achieve the objective of the survey, and therefore changed the entire way of hearing; since the court's administrative tendency makes a tendency to lower court implement a higher opinion of the Court, remanded in a larger sense just break through the \Report Results bell when the review stage sounded the death penalty cases, at the end of the process should be the last opportunity to appeal to the defendant, as the court the defendant to state in general, and the exercise of the right to appeal of course need to get professional help from a lawyer and supervision of the prosecution, the review procedure should litigation reform to change the current administrative way caused by the unilateral and opacity. Review time limit should be limited to avoid excessive delay brought about by the social interests of justice and efficiency questioned, the defendant's right to relief, can through at runtime right to appeal given to solve.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net Mobile