The Exercising Of The Death Sentences Authority In China

Death sentences shall be subject to approval by the Supreme People's Court exceptthose sentenced by itself provided in the 1997 Penalty Law. The Supreme People's Courtmay empower Higher People's Court to review death sentences when necessary in the 1983Organizing People's Court Law. So the Supreme People's Court empower Higher People'sCourts and PLA Military Court to review many death sentences. Then there is a disputewhether Higher People's Courts have empower to review death sentences. This article is todiscuss this question so as to clarify misunderstanding. This article obtain first fromreviewing authority historical origin, elaborate the history of reviewing authority in the slaverystage, the organic stage and the modem stager. Then elaborate the advantages and themalpractices about exercising the reviewing authority by Higher People's Courts and SupremePeople's Court, analyze the reason why the reviewing authority must be took back to SupremePeople's Court. and appraise the plan which the supreme court announced. Finally theauthor propose whether the system of reviewing authority is the best trial way. Compare thesystem of reviewing authority with three trials system, analyze the malpractice of the systemof reviewing authority, and analyze the advantage of three trials system, finally propose theopinion that three trials system will replace the system of reviewing authority.