China Death Penalty Cases, Trial Procedures Study

Along with the flourish development of human rights movement,the notion of human rights penetrates deeply into people's mind.As the basic matter of human rights,the right to life has been attached to more importance.Death penalty,as the the most crucial punishment executed by depriving people's life,has been taken in China's criminal policy and will last for a long time.Since we can not abolish this unrevokable life-taking penalty,then,under the notion of right to life,holding back wrong execution and taking careful execution comes to be a practical choice.The procedure reform of capital case is the focus of scholars discussion and the government also pays much attention on it and has enacted many judicial interpretations on procedure of death penalty especially on the procedure of trial.Then,it is the demands of both punishing crimes and the protection of human right that how to guarantee the quality and quantity of capital cases through the strict procedure of trial,furthermore for the construction of a harmonious socialism society.Hence,the research on the procedure of death penalty trial undoubtfully become one of the most important realistic problems.The main body of this paper includes three parts:the introduction,the text,and the conclusion.The introduction part will discuss the basic but complex issues in the procedure of death penalty trial research,such as the connotation of captical cases and the confirmation department,and analyzes them deeply indicating that this paper will take the instant execution as keystone and express how to control death penalty through the procedure of trial. The text consists of five chapters and the main content of each chapter is sumed up as follows:Chapter one generalizes our country's control on the procedure of death penalty trial.It casts back the historical origin of China's death penalty procedure and analyzes its significance for modern reference and concludes the effect of the policy on death penalty providing some direction for pefecting the procedure of death penalty in the following part. Moreover,it reveals the value of the control on procedure of death penalty by analyzing the two legal measures,which illustrates the procedural justice and human right protection.Chapter two is about the procedure of first instance of capital cases which is divided into two phases:examination before court and trial at court.It also emphasizes that the policy consummation such as the jurisdiction and evidence demonstration before trail and the defense guarantee during trial has great effect on death penalty control.Meanwhile, considering the importance of standard of proof in capital cases,this paper advocates the independence of sentencing in capital cases.Chapter three is about the session of second instance of capital cases. Began with the startup of the procedure of first instance,it emphasizes the appeal rights of the victim and the compulsory appeal.The session of second instance of capital cases has been not only the forcus of the Supreme People's Court and the Supreme People's Procuratorate's reform, but also this chapter's core issue.It interprets the session of second instance of capital cases from various angles like its necessity,significance and how to handle the session.The principle of no additional punishment resulting from appeal after pronouncing the death sentence with a reprieve and the verdict of "not guilty" are also under discussion in this part. Chapter four is on the procedure for judicial review of death sentences whose nature and orientation issue is the forcus.Starting with the substantiality of the procedure for judicial review of death sentences which has administrative character from the analysis,we finds out that it should be part of the procedure of trial and equal to the procedure of third instance of capital cases.Based on the actuality of our country,we can just take it as a long-term cause and forcus on the rebuilding of the procedure for judicial review of death sentences.Chapter five is about the procedure of trial supervision in capital cases. It expounds the subject who instituts the procedure of trial supervision in capital cases.On the basis of analysing the value of nemo debet bis vexari pro eadem causa principle,it reveals the application of the principle in death sentence with a reprieve and advances the system construction of the defendant's appeal right in death sentence.The conclusion part points out that the substantiality justice is guaranteed by procedural justice.The legitimate procedure of trial can prevent the wrong execution at the extreme extent and ease the defendants and their relatives' unsatisfaction with the verdict.The procedure of trial works like a filter to avoid executing wrong,then,we can get just trial.The legislation on the procedure of trial can help every party exerting his function and make sure the adjudgement department using their judicial power properly,carrying out the policy of "wheen and scrupulous killing" earnestly.