Research On The Improvement Of The Procedure For Death Sentence

As an exception of the system that two trials will be final in China, death penalty Review Procedure is an independent process only suitable for Death Penalty cases. The review aims to estabilsh a criminal policy of "less death sentence", "cautious death sentence"and"preventing wrong death sentence", and to achieve the constitutional stipulation of "respecting and maintaining human rights".This paper puts forth an intrinsic independent value to realize procedure justice for Death Penalty review. And we hope to reform and perfect Death penalty Remiew through analysis on other country's death penalty, its processing values and state quotes and defects of China's death penalty review. Then we propose an ideal death penalty review procedure , stressing on a court assisted by written cognizance, emphasizing opposability of the revisw procedure, combining case facts and law procedure, taking a principle of consensus of all judges, abolishing time limit of review ang prolonging interval before esecution.