Rational Thinking Of Building The Circuit Court Reviewproceedings Of Death Penalty

If one person was sentenced to death penalty, it would mean the end of life, which is the reason why the death penalty is final and irreversible. Therefore, many countries limit on the application of the death penalty strictly. China is no exception. China also does it both in entity and program. In the substantive law, the object of China’s death penalty is restrict. China’s death penalty is not applicable to minors, pregnant women. In the procedural law, the death penalty cases should go through the first trial, second trial, but also should be reported to the Supreme Court to review. Death penalty review process is strict the quality of the death penalty cases. Death penalty review process is to prevent the unjust killing and victimizes. It is also good to uniform the standards of application of death penalty.In recent years, China has undertaken a number of new initiatives about the death penalty. For example, to regulate the judges’ behaviors to listen to the defense counsels’ views, the Supreme Court made the special rules about it. To further protect the defense counsel’s views to be heard and protect the defendant’s right in the death penalty review cases, the Supreme Court also specifically made new regulations for the defense lawyers, pointing out the process of hearing the views of defense lawyers. These new initiatives have great significance for our death penalty review system. Not only enhance the procedural fairness of death penalty review, but also reflect our death penalty policy of "less kill, kill carefully". These new initiatives have great significance for our death penalty review system, enhancing the procedural fairness of death penalty review process.However, from the situation of China’s death penalty review process in recent years, there seems to be a lot of shortcomings of this process. The Supreme Court review the death penalty cases mainly by reading the written review, supplemented by questioning the accused and hearing the views of the defense counsel and so on. For the cases without the controversy about the truth and evidence, it is a good way to review undoubtedly. The cases without controversy about the truth and evidence are only reviewed in the application of law. So this way is efficient. And this way can guarantee the consistency of the application of law. However, some death penalty cases are complex, and there are many controversies in these cases. So, for the cases with the controversy about the truth and evidence, this way for Supreme Court to review the death penalty seems to be administrative. Such a review way for the death penalty does not have the openness. It is very important that the judges should survey the evidence in the cases with the controversy about the truth and evidence. So the way of Supreme Court to review the death penalty can’t meet the just demands of these cases. For these death penalty cases, if still reviewed in the Supreme Court by the way reading reports, not only the efficiency is greatly reduced, but also the litigation resources will be wasted.Our construction of the Circuit Court for judicial reform is ongoing. The Supreme Court in order to facilitate citizen lawsuits to resolve disputes on the spot, set the Circuit Court in a large area. For now, China is reforming the judicial system. And the Supreme Court has set up some circuit courts. The circuit courts hear some difficult cases in the circuit. And the circuit courts contribute to make the parties to take part in the litigation more easily. The circuit courts now pay a lot attention for the role of defense counsel. In my opinion, making some death penalty cases reviewed in the circuit courts is a good way to solve the problems of China’s death penalty process. Although the death penalty review cases have not be included in the range of the tour trial, the rules don’t completely rule out the death penalty review cases. This provides us with a possibility. I believe that the circuit court by the Supreme Court review the cases of the death penalty can meet the requirements of investigation of evidence, cross-examination, and so on. The remaining cases are still the headquarters of the Supreme Court to review the applicable law, death penalty cases unified scale applicable law.Therefore, I try to build the Death Penalty Review Circuit Court System in this article. Firstly, the author discusses the current situation of specific death penalty review process runs, and why the Circuit Court System is applicable to the death penalty review cases, and build the circuit court review of death penalty trial program specifically. The author will propose that the power of the death penalty still belongs to the Supreme Court, at the same time, there will be two ways and two subjects to exercise the power. This is the idea of “one power, two systems”. I believe that the circuit court can achieve the bypass of the death penalty review cases.By this way, we can both guarantee the unity of the application of law and the fairness of the procedure. Not only that, the efficiency of the review of the death penalty will also be improved greatly. Also, it can solve our waste litigation resources in reviewing the death penalty cases. It can help us solve the high cost and low efficiency in the death penalty review processes.In a word, it is a good way to improve our death penalty review system to build the circuit court to hear the death penalty review cases. In the paper, I will discourse the rationality of building the circuit court to hear the death penalty review cases. And I will make the specific programs about the construction of the circuit court.