On October 26, 2005, release formally in top people court " people court compendium of the 2nd 5 years of reform " in, put forward clearly " the provision that implements concerned law and the central deploy that reforms about judicatory system, by top people court approve of unified exercise capital punishment counterpoises, the judicatory that establishs program of capital punishment check explains " . At present top magic art already added 3 criminal court, the death sentence that basically is in charge of saving senior people court to appear in the newspaper to each has review a case in which a death sentence has been passed by a lower court, relevant measure also is being fulfilled in. Although the regression of authority of capital punishment check has been started, but still fail to call in completely at present top people court, predict inside 5 years checkmate punishment approve counterpoises to call in entirely, it is an interim at present, the right of capital punishment approve that there still is partial case now saves senior people court in each.

2, the legal provision of program of capital punishment check and blemish analysis

() the law of program of check of concerned capital punishment sets

Be like laxative remedy law to set about program of capital punishment check, " criminal procedural law " undertook technically to program of capital punishment check the 199th times formulary to the 202nd, the 199th sets: 8 fellow escape flesh of Chinese common of ㄔ of dome of heir of spoon Gang sip! Baric?00 regulation: "Intermediate people court sentences the first instance case of capital punishment, the accused person does not appeal, ought to by review a case in which a death sentence has been passed by a lower court of senior people court hind, apply for approval approve of top people court. What senior people court does not agree to sentence capital punishment is OK arraign perhaps sends new trial, " " senior people court sentences the person of the accused of first instance case of capital punishment not to appeal, with the second instance case that sentences capital punishment, ought to apply for approval approve of top people court. " the 201st regulation: "Intermediate people court sentences the case that puts to death 2 place carry out punishment postpone a deadline, by approve of senior people court, " the 202nd regulation: "Case of capital punishment of review a case in which a death sentence has been passed by a lower court of top people court, the case of reprieve of capital punishment of review a case in which a death sentence has been passed by a lower court of senior people court, ought to by the judge collegiate bench of 3 people composition is undertaken. " " criminal law " the 48th regulation: "Capital punishment applies to the criminal with extremely serious crime only. To ought to sentencing the criminal of capital punishment, if must be not carried out instantly, can sentence capital punishment while declare postpone a deadline is carried out 2 years. Capital punishment divides what adjudicate by top people court lawfully beyond, ought to apply for approval approve of top people court. Of capital punishment reprieve, can be adjudicated by senior people court or approve. "
上一页 1 23 下一页