The Study of Death sentence review procedure in Mainland China

• Main Authors: Ping-ming Hung, 洪平民
• Other Authors: Jian-ming Chen
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/z2923a

碩士 === 東吳大學 === 法律學系 === 96 === The review procedure of death penalty is one of the most important components in the criminal procedure as well as the final protective screen of death penalty in Mainland China, From January 1,2007, as the expectation of judicial fairness and procedural justice, the death penalty review has been restored to the Surpreme Court of the People’s Republic of China to further efficiently achieve the purposes of criminal procedure of human rights protection and crimes striking. The current review procedure of death penalty, due to its administrative model and void of content, cannot reveal the real problems need to solve. Therefore, this thesis plans to use the basic theories of death penalty review procedure as a start to analyze the historical development, nature and function of the review procedure in order to find out and discuss the shortcomings of the existing practice as well as the focal points in recent reform process. Since the death penalty will crucially deprive the life and rights of a criminal, the review procedure of death penalty shall be strictly behaved and followed to assure of quality of the trail for death penalty. It is a constructive discussion on the review procedure of death penalty when the Supreme Court of the People’s Republic of China just restored its authority for this issue without a uniform standard of procedure. In order to avoid the review procedure becoming just a superficial formality and waste of the valuable judicial resources, this thesis concludes that the review procedure shall be constructed in a trial basis because the efficient procedural protection to restrict death penalty application can only be achieved through litigation of the death penalty review procedure.