The Protection Of The Rights Of The Accused In The Review Procedure Of Death Penalty

The current policy of the death penalty in China is to control and reduce the application of the death penalty.The law is inherited,at least in China’s historical and cultural heritage,which is reflected to a large extent by legislation in the civil field,and the criminal field is no exception.The two-year suspended execution of the death penalty has,to a certain extent,inherited the ancient beheadings,hangers,and so on.The procedure of death penalty review is a kind of procedure which reflects respect for life,which is very special from ancient times to the present.Whether in accordance with the requirements of the death penalty policy or from the point of view of keeping consistent with the purpose of the death penalty system,one of the purposes of the death penalty review procedure is to reduce the application of the death penalty immediately through the final procedural characteristics.The review procedure of death penalty focuses on "trial" rather than "nuclear".Its essence is a special trial procedure set up by legislators to reduce the application of death penalty.In the review procedure of death penalty,from the point of view of the defendant,it is necessary to explore many problems existing in the review procedure of death penalty at this stage.The essence of these problems is what rights the accused should enjoy and which rights should be restricted in the review procedure of death penalty.And what obstacles are encountered in the realization and implementation of these rights.The defendant’s most important right in the death penalty review procedure is the right of defence.The non-disclosure of the procedure of the death penalty review and the limitation of the right of the parties to the case and the litigants to know directly lead to the ambiguity of the status of the counsel and the obstruction of the exercise of the right.The accused shall have a restricted meeting right to meet the defendantundefineds meeting request without affecting the trial of the case and the safety of the relatives.