Procedures For The Review Of Death Penalty Review

Since the Supreme People’s Court reinstated the right to review death penalty in 2007,China’s death penalty review process has made great progress.The defense lawyer’s participation in the death penalty review process has achieved law and procuratorial supervision has also been incorporated into the death penalty review process.The "veil" of the death penalty review process was gradually uncovered and gradually broke the traditional completely closed model.Both the prosecution and the defense involved in the process,reflecting the trend and possibility of the gradual review of the death penalty review process in China.However,in the process of reviewing death penalty,whether the defense lawyer stated the defense opinion to the face judge or whether the prosecutor submitted opinions to the adhering officer,it did not implement the litigation model of defending and adjudging against the judge.Of course,the judicial status quo in our country and the limited judicial resources do not permit a complete trial of the death penalty review process.However,with the participation of the prosecution and the defense,the direction of the death penalty review process toward the direction of litigation has been irreversible,and it is true that necessary.Only the gradual review of the death penalty review procedure can ensure that the defendant’s litigation rights can be protected.An open and fair review procedure can ensure that the award is fair and reasonable,and a complete and orderly review procedure can provide a strong guarantee for the fairness of the entity’s award.Therefore,although our country’s death penalty review process has made certain progress,the problems such as strong closure of review procedures,insufficient participation of defense lawyers,and lack of supervision of procedures still exist.Based on the requirements of procedural justice,it is necessary to review the death penalty procedure in China.Lawsuit transformation.In this article,the author will analyze the existing problems of the death penalty review procedure based on our country’s judicial practice,and put forward a reform path for the litigation procedure of China’s death penalty procedure according to the actual situation in China.