On The Protection Of Human Rights Of Those Facing The Death Penalty,

In China which has the most accusation for death penalty and quantity for prisoners who were sentenced to death in the world, how should we face the international human rights law and international human rights movement? How should we fully assure the human rights of prisoners under death sentence on the basis of maintain death penalty system? They are major issues for the development of Chinese death penalty system.Starting from the code requirements for death penalty in the international human rights law, the author compares the standards on death penalty application between china and other countries, points out the gaps between them, then makes some recommendations about improving the assurance of prisoner's human rights according to the actuality of the prisoners under stay execution and prisoners under immediate execution.This article can be divided into four parts. The first part is the survey of human rights assurance system for prisoners under death sentence. The author first explains the concept and law status of prisoners under death sentence, then points out the characteristics of prisoners'human rights who were sentenced to death through comparing the human rights between prisoners under death sentence and normal citizens. At the end of this part, the author interprets the reason why we should assure the human rights of prisoners under death sentence.The second part interprets the code requirements for death penalty from the angle of human rights. The author first introduces the international code requirements for death penalty, then lists the requirements in our country, and points out that comparing with the international standards we still have some disadvantages, and we should learn the advanced experience from other countries. At last, the author introduces the two kinds of prisoners under death sentence and points out the differences between them. Prisoners under death sentence contain two kinds of people: prisoners under stay execution and prisoners under immediate execution. Because of this classification, the author divides the remaining contents into two parts to expound.The third part introduces the situation of assurance of human rights about prisoners under stay execution in our country. The author first describes the actuality of the prisoners'human rights who were under stay execution, including civil rights, political rights and economy, society and culture rights of prisoners under stay execution, then makes some suggestions for improving the assurance of human rights about these prisoners from the parts of legislation, procedure and judicatory.The fourth part introduces the situation of assurance of human rights about prisoners under immediate execution. Just like the third part, the author first describes the actuality of the prisoners'human rights who were under immediate execution, including civil rights and other rights of prisoners under immediate execution, then makes some suggestions for improving the assurance of human rights about the prisoners under immediate execution.