Author: Fang Wenjun of supreme court Xing Wuting releases time: 2007-03-20 09:39:03

Editor's note:
" top people court about case of check capital punishment the regulation of a certain number of problems " already passed at trying the 1414th meeting of committee by top people court on January 22, 2007, will announce on Feburary 27, apply since Feburary 28. This " set " the important legislation basis that is case of check of processing capital punishment. Understand and had held this one regulation, to correct and applicable criminal law, accurate effectively hits crime, rise handle a case quality, the development that promotes work of capital punishment check is begun, have very important sense. The basic content that provides to make wide readership development understands this and legal spirit, our newspaper specially invite share the supreme court that drafts this regulation compose of Judge Fang Wenjun unscramble sexual article to what should set, read reference for wide readership.

Top people court carried out on Feburary 28, 2007 " about case of check capital punishment the regulation of a certain number of problems " the following abbreviation " set " ) , in all 13, made major reform to the juridical kind of case of check capital punishment, perhaps do not grant with approve since establish the new juridical pattern that approve capital punishment is a principle.

One, about approve and not the principle of approve capital punishment

" set " the first 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, ought to make the ruling of approve, court decision, perhaps make do not grant the ruling of approve. " this and before means has the judgment of case of capital punishment of review a case in which a death sentence has been passed by a lower court of top people court to differ apparently. According to " executive punishment accuses the law explains " the 285th, case of capital punishment of review a case in which a death sentence has been passed by a lower court of top people court can make approve, hair answer heavy careful, change the original sentence result of 3 kinds of judgments. Now " regulation " undertook editing to this, united juridical form, the case that returns original hair heavy careful and change the original sentence is same instead does not grant approve, and cancel original judgement, send new trial. Among them, the mainest innovation is state of will former change the original sentence edits to do not grant approve, make case of check capital punishment will appear no longer henceforth the practice of entire case change the original sentence.

To " set " the principle of this kind of judgment of establish, basically consider program of capital punishment check is to be the justice that ensures capital punishment is applicable and the program of special examine and verify with a kind of discreet and in-house court of the setting, those who do not have public prosecutor and paraclete participate in, do not have whole litigant pattern, reason accords with the property of this program itself not completely in the change the original sentence on firm sense. In the meantime, from practice the effect looks, case of check capital punishment no longer change the original sentence, be helpful for ensuring case quality, the executive contradiction that reduces because of ranking court amend a judgment square court to may be caused is outstanding wait for a problem, make sure top people court begins authority of approve of case of unified exercise capital punishment smoothly to work. Accordingly, " regulation " will " executive punishment accuses the law explains " the case of change the original sentence of the 285th regulation edits to do not grant approve, perhaps do not grant with approve since establish thereby the new juridical pattern that approve capital punishment is a principle.
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