On The Status Quo Of Chinese Death Penalty Review Process And Improve Vision

The international mainstream of law system has already abolished kinds of cruel corporalpunishments. In that global background, death sentence, with the character of irreversibility,has become the most ultimate and stressful way of all penalties. In the Chinese law system, awhole set of judicial procedure which is very strict and scientific was formulated to theapplication and implementation of death sentence. The Death penalty review procedure,which is different from other judicial procedures from the second instance as the finalitysystem, is the last resort to practice the principal of "sentencing or executing death penaltyless and carefully". A reasonable system of second instance as the finality is very effective onprotecting human rights, avoiding misjudged sentences and also restricting power. In thispaper, the author will be the legal provisions as the basis, starting from the concept andfunction of death penalty review procedure reference value, the ancient review system ofdeath sentence of our country, introduce current heat China on "Wu Ying case" as acase argument, to make a rational analysis of the program exists in the system and theoperation these disadvantages form, for the death penalty review procedure to make animpartial and independent image, and make it really has the strict sense of proceduralsignificance.