A Procedure Study On Restricted Applieation Of Death Penalty In China

More and more countries have abolished the death penalty. Limit, reducing or abolishing the death penalty is increasingly becoming an important measure for the protection of human rights in the world today. China is in a period of social transition, the situation of social security is very serious. Reducing the death penalty on a large scale is not possible in a short period of time, abolish the death penalty directly is not possible. In order to implement the death penalty policy of "less kill, be careful to kill", respect and protect human rights, complying with the development trend of the world, limiting the application of the death penalty in the procedure way offers a viable method. In China, both theoretical circles and practitioners of criminal law are very concerned about China’s specific application of the death penalty system. Observing the history of limiting use of death penalty in China, inspecting the limitation use of death penalty in foreign countries, we can find the characters of the limitation in procedure; the process of the limitation of the death penalty is the process of the justification of procedure. Now, many procedures in our criminal procedure law reflect the legislator’s thought of limiting use of death penalty, increasing the trial level of death penalty cases, open a court session, mandatory defend, procedure for review of death penalty, president of supreme people’s court issue the order of death penalty, these measures implement the criminal policy of limiting death penalty, play an important role in the limitation use of death penalty.Considering the perspective of limiting the death penalty applies, there are still some shortcomings in the existing procedures, which are not conducive to play the role of the death penalty restrictions apply. We may learn from the experience of the extraterritorial application of death penalty restrictions, build capital cases due process standards to measure the existing procedures and to discover the problems in he existing procedures, analyze the problems and eventually find appropriate measures to improve them. I hope that the above efforts, can make the best possible contribution to the progress of the major problems of our criminal rule of law, and promote the improvement of the Death Penalty program in China, realize the goal of limiting use of death penalty.