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Research on the Implementation of Procedures for Death Penalty

Author: ChengWenYa
Tutor: WuPing
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: Death penalty Executions program Humanitarian measures Caring provisional sentence Suggestions for Improvement
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 83
Quote: 2
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Abstract


Death penalty cases when the program is finally a program, you must retain the death penalty for our current reality that, in addition to rigorous trial procedures can be applied to ensure the correctness of the death penalty, it must also carry the death penalty execution strictly regulated. Set legislation rigorous, efficient operation of the enforcement procedures in order to prevent the wanton acts of executive bodies, strictly criminal proceedings last a barrier, maximum safeguard the legitimate interests of those facing the death to achieve procedural justice. This paper consists of four chapters of this research program executions of death penalty cases, the last link. The first chapter of execution procedures outlined. Program executions, the death penalty is the executive organ of the death penalty from the receipt of the decision after the command of execution shall issue to the end of follow-up work is finished, the time span of the work carried out within the sequence of steps. This program has the tools, justice, order, equality, human rights, humanitarian and other six values, in criminal proceedings in the final gatekeeper position, with limited death penalty reflects the civilizing role. The second chapter is the historical evolution of the program executions. By ancient China, modern procedures and executions of foreign Ancient Modern Historical executions procedures (and inspected in ancient China executive body, supervisory agencies, the implementation period for the implementation of humanitarian measures and means of implementation, etc.), the rationale Qing death penalty from barbarism to humanity, to the development of civilization from the cruel context, and discover the main line of execution time of the program along the gradual importance for the people of the process. The third chapter of the status of execution of the program. Through the process of execution of the current legislation and judicial practice status of research on the subject which exposed improper execution, supervision is not in place, humanitarian measures imperfect execution venues inappropriate, implementation modalities inequality, do exist aftermath vulnerabilities and condemned in the implementation phase defects such as missing lawyer elaborate. The fourth chapter is the perfect execution of the death penalty recommendations. Complete contents include: the implementation of the death penalty in the main ideas (including setting up an independent Executive Board; perfect procuratorate organs of the right of supervision of execution procedures; introduce witnesses system of supervision); increase in executions in the humanitarian program measures (including security death row inmates and their families to know, to protect the rights of the provisional sentence before the meeting, to give death row inmates the necessary \program, a clear testament standard of review); gives death row inmates on death lawyer to help execute the program in the right.

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