The Perfection Of Death Penalty Review Procedure In China

The death penalty, is one of the most severe punishment in the world today, with thecontinuous development of economy, the progress of the society, the applicable scope ofthe death penalty in the world smaller and smaller. Death penalty as a product of historywill eventually be abolished, at present many developed countries have abolished thedeath penalty. The punishments of the death penalty is deprived of one of the right tolife, so used shall be strictly restricted. Retain the death penalty in the world are allprovisions of the state for different degrees of death penalty relief program, to strictlylimit the application of the death penalty. From the current situation, there are stillnecessary to retain the death penalty in our country, the death penalty review procedure,as a special trial procedure of death penalty cases is the remedy procedure of deathpenalty with Chinese characteristics, play a? on the protection of human rights andrestrictions on the death penaltyThis paper from four aspects for the perfection of death penalty review procedure inChina are discussed in this paper.First of all, the death penalty review procedure in our country the basic theory, includingthe concept, characteristics and properties of the death penalty review procedure isdefined. Death penalty review procedure is different from the ordinary procedure in ourcountry, is the special approval procedures applicable to the death penalty cases, is theremedy procedure of death penalty cases with Chinese characteristics, the applicablesubject, object, procedure start etc. It can be seen that the particularity of the deathpenalty review procedure, the death penalty review procedure is set to safeguard humanrights, reduce the mistake as a starting point, have played an important role in limitingthe death penalty.Secondly, by investigating the related provisions of foreign remedy procedure of deathpenalty cases, and explore its legislation idea, its spot in the judicial practice, miningenlightenment to perfect our death penalty review procedure. The United States, Japanand international regulations on trial and the death penalty is worthy of reference for ourcountry to study, is conducive to further found that the death penalty review procedurein China, as well as the design for the perfection of death penalty review procedure canalso be used for reference.Once again, to explore the problems that exist in the death penalty review procedure in our country. Think in terms of limiting the death penalty, the protection of human rights,the death penalty review procedure in our country there are many defects, both inlegislation and judicial practice. Problems of death penalty review procedure isrestricted and barriers to limit the death penalty, must be perfected.Finally, puts forward reasonable Suggestions for perfecting the death penalty reviewprocedure in our country, the current death penalty review procedure in China on thelegislation and practice of not perfect place, put forward the direction of the reform ofdeath penalty reviewing procedure in our country, and the reasons, on the basis of adetailed comparative analysis, make a specific design on the death penalty reviewprocedure.