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The Outline of Three-instance Trail Procedure in Death Cases

Author: PanLiLi
Tutor: BaiShuQing
School: Hebei University
Course: Procedural Law
Keywords: Death penalty cases Death penalty review process Three - tiered Programming
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 137
Quote: 2
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Abstract

The death penalty review process is unique in China's Criminal activities of a special program, is the second instance is final trial level system exception. The original intention of the design is that a rigorous review of the application of the death penalty cases, to avoid errors and arbitrary application of the death penalty, to provide another layer of protection for the perpetrators. The design and operation of this program from the proceedings of scientific principles, the inherent law and the actual effect, there are serious drawbacks, the legislative intent can not be realized. The death penalty review procedures of the problems exposed more and more aroused strong repercussions and doubts of the legal circles and even social insight, scholars have put forward a variety of transformation of the idea of ??the death penalty review procedures, especially in the Supreme Court as soon as possible to recover the majority of Death Penalty. I think that China's death penalty review process in the entire system design problems, the death penalty review process transformation unlike some scholars put forward only \, the certain litigation theory to support the program of reconstruction, rather than technical operational level tinkering. The ideal solution is to reform the current system of trial level, death penalty cases by the second instance is final to three-tier appellate third instance trial to replace the death penalty review process. This will not only solve the Death Penalty in the longitudinal direction decentralization of the historical long-standing litigation and judicial functions of the rational allocation of the subject of litigation and judicial body in the horizontal; strengthen both internal part of the responsibility of judicial organization and trial, and the introduction of the external defense functions and prosecutorial functions run control and supervision of the death penalty process, but in name only in the practice of death penalty review process into a separate trial procedures to ensure procedural fairness sentencing justice, to build a solid line of defense to prevent victimizes, effectively implement our kill less careful to kill the death penalty policy. This article discusses four chapters gradually. Operating Status and drawbacks of the death penalty review procedures elaboration and analysis, transformation is imperative that the death penalty review procedures. Chapter II is proposed and proved the death penalty review procedures the transformation should adhere to three principles: the principle of limiting the application of the death penalty; justice priority, taking into account the principle of efficiency; principles of due process. Chapter proposed the abolition of the death penalty review process and implementation of Three - tiered full litigation reform arguments on death penalty cases, and this transformation of the reasons for in-depth analysis. Chapter three-tier appellate procedures on death penalty cases from the level of jurisdiction, the death penalty trial instituted the collegial panel composition and evaluation principles, the structure of the defense system, the standard of proof and hearing range of the death penalty cases, hearing, the trial period, the trial The referee specific procedures designed to explore.

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