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Death penalty review procedures for research

Author: WangJing
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: Death penalty review process Relief system The return of the Death Penalty Problem with perfect countermeasures
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 199
Quote: 2
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Abstract


Death penalty review process is a special trial procedures of the Code of Criminal Procedure for the death penalty applies. It is a necessary stage in China's death penalty case proceedings, with the death penalty misjudgment of preventive and corrective functions. The death penalty review system has a distinct Chinese ancient traditional color, the benevolent government-shirt punishment ideology from ancient China, modern development in the founding of new China gradually established and perfected. China's death penalty review process is different from the Western part of the country's death penalty review procedure, with the western part of the national implementation of the third trial of the program, it is not a separate trial level, but the first instance, the second trial procedures must be followed through the program, only after the death penalty review of death sentences in order to ultimately determine its effectiveness. The nature of the death penalty review process determines its function to launch the correct application and limitations of the protection of criminal law the death penalty errors. Since January 1, 2007, the death penalty review power re-reverted to the exercise by the Supreme People's Court unified, which is a major event in the history of our judicial development. After the Supreme People's Court have been introduced to the two judicial interpretations to recover after the death penalty review power to exercise the provisions of the specific rules of operation. However, due to our long-term implementation of the mode of death penalty review of administrative internal reporting of nuclear type, and thus there are many long-standing, the party's political and legal policy as a guide, combined with China's specific national conditions, compliance with procedural rules, and improve China's death penalty review system to become a very urgent task, and only as soon as possible to solve this problem, in order to provide an academic reference for the judiciary correct application of the death penalty review process, and this is one of the purposes of this article. In terms of theory and practice of ancient and modern Chinese and foreign, and comparative and dialectical research method, our death penalty review procedures were systematic study and analysis of the death penalty review of the applicable status quo; demonstration of the Death Penalty Review Procedure nature and function ; analysis of the problems of the existing death penalty review system and the perfect countermeasure. In the first chapter, an overview of death penalty review process. Introduces the concept of the death penalty review process, the object of this paper, as well as the three aspects of the theoretical origins of the death penalty review process, briefly introduced the basic situation of China's death penalty review process. Chapter II, History and Comparative Study of the death penalty review procedures in death penalty review process. In ancient times because of the death penalty review procedures, and the absorption inherit certain characteristics of the ancient death penalty review, and thus the ancient Chinese death penalty review are closely linked with the current death penalty review process, this part of the system describes the ancient Chinese death penalty review Fuzou system. In addition, the course of development of the death penalty review process also made a detailed description of important reference value to a comprehensive understanding of understanding of the existing death penalty review process. The chapter also made a few major countries in the world to death relief system a thorough introduction to the positive or negative understanding of the nature of the Review of Death Sentences, and provide some ideas to improve this system. Chapter III, the status of the death penalty review process a number of issues research. That part reverted to the meaning of Supreme People's Court review of death sentences, the nature of the death penalty review process, several aspects of the function of a comprehensive analysis of the status of our current death penalty review process. Chapter 4, the problems of China's death penalty review process and improvement strategies. Part of the Supreme People's Court released several judicial interpretations to expand the analysis of the problems in the existing death penalty review process, and proposed to improve the countermeasures, and thus on the basis of upholding the death penalty review process, continue to correct the problems and thus improve the death penalty review process.

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