The Reseach On The Rights Protection Of The Death Penalty Criminals In China

It seems impossible to completely abolish the death penalty in our country at present and in the distant future.Researching into the problems of the death penalty execution procedures in our country and putting forwards the corresponding suggestions has important significance for carefully using the death penalty,respecting and protecting the human rights of the executed prisoners.Therefore,to some extent,that the death penalty execution procedures is perfect or not is an important symbol to measure the progress of the civiliazation and the rule of law of a country and its society.This article probes into the death penalty execution procedures in the USA and Japan by a comparative way. Combining theory with practice,it analyzes the current problems of the death penalty execution procedures in our country and puts forward suggestions,in order to make reference for improving the death penalty execution procedures in our country and laying more emphasis on the protection of human rights.The first part of the article is the overview of the death penalty execution procedures.It includes the summarization of the death penalty,the characteristics of the death penalty execution procedures which is of rigor,complexity,the specificity of the execution content, The legality of the execution method,the rapidity of the exection period,the process of the execution procedure which is divided into seven steps,beginning from that the Supreme Court issues the executed command to the completion of the execution and the processing of the matters related.The second part of the article researches into the death penalty execution procedures in other countries,especially the execution methods and execution characteristics in the USA and Japan,to learn what’s worthy of reference for the improvement of the death penalty execution procedures in our country.The third part of the article analyzes the current situation of the death penalty execution procedures in our country.By the analysis of the laws and regulations for the death penalty execution procedures and the operation status of the judicial practice,it sets forth the following problems of the death penalty execution procedures.such as no guarantee for the right of apeal,no fulfillment for the meeting rights.the lack of assistance by the Iawyers,the disunity of the execution methods.no standard for the processing of the corpses and organs of the executed prisoners,the inadequacy of the supervision of the procuratorial organs,ect.The fourth party of the article aims at tabling proposals for the improvement of the death penalty execution procedures in our country.The proposals are as follows:protecting the right of appeal of the executed prisoners(making suggestion that after the Supreme Court approves the death penalty execution,giving the executed prisoners6month for appeal instead of that the dean of the Supreme Court immediately issues the executed command),guaranteeing the meeting right for the executed prisoners with their family members,giving the right for the executed prisoners to get the assistances from the lawyers,entitling the executed prisoners to choose the execution methods,setting standards for the processing of the corpses and organs of the executed prisoners,reinforcing the supervision of the procuratorial organs.