On The Perfection Of Death Penalty Review Procedure

As an exception of the trial system that the second instance is final in China, death penalty review procedure is a kind of independent processing in criminal that is only suitable for death penalty case. The aim that establishes the unique system is implements for our country's criminal policy: "little kills", "cautious kills", "prevented wrong kills" and achieves the constitutional stipulation of "respect and safeguard human rights".However, because of the situation that our country lags on the values of criminal trial procedure, does not fully understands the inherent value of death penalty review proceeding and lacks full safeguard to the accused rights, this thesis proposes to vest "procedure justice" that is an intrinsic independent value of death penalty review procedure and gets across trial pattern's innovation to realize the perfection of death penalty review procedure. First of all, this thesis analyzes the necessities and feasibilities of consummating our country death penalty review procedure; In the next place, based on the rational return of death penalty review power and the actuality of our country death penalty review procedure's value, this thesis continues to analyze and demonstrate the justifiability of death penalty review procedure, proposes to construct the value criterion that takes human rights guarantee as the core of the death penalty review procedure and takes it as the theory basis of trial pattern's reform; At length, through the analyses on participation body, procedure matter and surveillance mechanism, this thesis puts forward the concrete actions that perfect our country death penalty review procedure.