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Control of the death penalty procedure

Author: ZhangYan
Tutor: WeiYueNing
School: China University of Political Science
Course: Procedural Law
Keywords: Death penalty Death due process Control
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 173
Quote: 4
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Abstract

? Death penalty by definition is a crime to deprive people of life. Death penalty as a punishment in the history of the development process do play some important role. However , with the progress of the development of society and civilization , people gradually feel the death penalty, bloody, cruel and inhumane. Today, the death penalty abolition movement has grown to the extent sweeping the world , most countries have abolished the death penalty completely . Even in countries not abolished the death penalty , most countries have very little actual executions . However , China's death penalty charges as much volume as many executions are rare in the world . Moreover , China's death penalty cases in the wrong case , injustice is also common. The death penalty has become an obstacle to the process of modernization of China's rule of law , problems to be solved . ? Country can not reduce the death penalty charges of mass in a short time , let alone direct abolition of the death penalty. Therefore, to improve the status of the death penalty , effectively control and reduce the death penalty applies , the most realistic approach is to take the \That is, through scientific and rational procedures to control the death penalty , to prevent the killing and indirect control and victimizes the purpose of reducing the death penalty. In this article I want to discuss is that the death penalty process control problems. The author of the whole process because the proceedings in capital cases are discussed , we could not do everything , but each program only key problems to be solved are described. The author attempts from a comprehensive perspective on China's death penalty procedures to explore, hoping to reform and improve our capital punishment procedures provide some help. If deficiencies, please criticism. ? Article is divided into five parts , the main contents are as follows : ? Introduction, through a brief review of the emergence and development of the death penalty , death penalty system in our country leads to problems and the importance of controlling the death penalty , then put forward the reform of China's actual conditions in the death penalty program should go ahead on the road . ? The first chapter describes the first case of what is and what is the death penalty process control, as discussed in later laid a solid foundation ; then discusses the necessity and feasibility of the program-controlled capital cases illustrate the writing of this article the significance . ? The second chapter focuses on the death penalty process control to be carried out in accordance with the standards of due process , as proposed by death program control standards ; and discussed in detail on the basis of the due process standards of the death penalty , which should not only meet the due process requirements , but should also meet some special requirements. ? The third chapter introduces the relevant laws and regulations of China's death penalty procedures and made the achievements in process control ; then analyzes the problems existing in the death process , the author discusses the issue from the case studies and theoretical summary of the two angles simultaneously. ? Chapter IV , the text -based analysis and discussion on the front of the death penalty made recommendations to improve the program . The author of this program will be broken down into death penalty pretrial procedures , trial procedures, the implementation of the program , coupled with the defense system , evidence that the system of one of these five aspects of the reform proposals put forward . ? ?

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