[Keyword] : Program of check of capital punishment of authority of capital punishment approve is perfected

Current, capital punishment is disappearing slowly from each corners on the world, our country is right also of capital punishment put useless problem to spread out intense discussion, our country returns unfavorable abolish capital punishment at present, top people court Dean Xiao Yang is accepting no less than when the reporter interviews, also say: "Still do not accord with national condition at present, impossible abolish capital punishment. Our country's active law wants abolish capital punishment without relevant provision provision. Our country criminal law set reservation death sentence clearly, but we want careful with capital punishment, ensure human rights. " program of capital punishment check is for careful mix with capital punishment ensure human rights and the defends wrong error correction together special program that create, very positive effect is being produced in our country.

, the right that capital punishment approve counterpoises is attributive the history and its current situation

1954 " people court law " the 11st regulation, authority of capital punishment approve is mixed by top people court senior people court is collective exercise. Discussion of the first National People's Congress decided all capital punishment cases are adjudicated by top people court 1957 with approve. Court of top 1958 people makes a provision to the approve authority of case of stay of execution, by court decision of senior people court and cognizance. Culture Revolution is medium 1966, case of capital punishment check can be carried out by approval of provincial revolution commission. 1979 " criminal procedural law " the 144th, set the 145th times with the 15th, " criminal law " the 43rd regulation, " texture of people court group " the 13rd regulation, specific provision unites exercise to counterpoise to the approve of capital punishment case by top people court. Mixed to criminal procedural law early or late greatly with complete 1997 compatriots 1996 criminal law was made revise, but the approve power that still provides capital punishment case unites exercise by top people court. ① but later because situation of security of society is increasingly grim, sentence the quantitative increase of capital punishment case, for case of seasonable and efficient approve capital punishment, uphold social order, hit serious crime, ensure reforming and opening and the success that socialism builds, since 1980, our country undertook 4 times centralized accredit early or late to authority of approve of capital punishment case, authorization of top people court saves case of capital punishment of part of approve of court of military affairs of senior people court and liberation army each. About drugs authority of approve of case of guilty capital punishment had alone authorization 3 times, authorization of top people court gives Yunnan province of province, Guangdong province, the Guangxi Zhuang Autonomous Region, Sichuan and the Gansu Province exercise of senior people court.
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