Program of capital punishment check, it is courtyard of civil code pointing to a person the special adjudgement program that undertakes to sentencing the case of capital punishment reexamine approve place is abided by, it is a kind of when execute in people court interior special monitor to capital punishment case. Should say criminal procedural law to reflect Moses to be opposite about the regulation of special program sex of program of capital punishment check the particularly cautious attitude of case of concerned capital punishment, be helpful for carrying out kill less, careful kill, prevent the policy that the fault kills, prevent capital punishment abuse, in ensure on the validity of applicable capital punishment and the foundation that unite capital punishment norms, achieved human rights protection and the goal with just judicatory. But because this one program is designing a respect to existing,the problem of a few a priori is mixed blemish, the implementation that causes afore-mentioned causes is put in the difficulty with particular move.

Above all, about the problem of transfer to a lower level of power of capital punishment approve. The requirement that criminal law sets to capital punishment is: The criminal with extremely serious crime. And this condition too too general, because different court and different judge are right this condition understanding is differ, the applicable level that caused death sentence is skimble-scamble the inequity with the court decision. Accordingly, punishment accuses code decides: Must pass program of capital punishment check to death sentence, and capital punishment approve counterpoises unite exercise by courtyard of top person civil code. And the distributinging circumstance that current approve counterpoises is: Besides because make harm state security,the blame, capital punishment that destroys blame of order of socialist market economy, corruption to bribery commits a crime and be sentenced needs by supreme court check outside, the check authority of other death sentence saves a court by each for you exercise, this one behavior that put power has however be contrary to at program of capital punishment check establish original intention. Additional, the doubtful point that approve power transfer to a lower level brings about evidence, program to go up cannot mature, send record rate, security of society it is not quite good that the similar thing such as one ticket veto makes save one class tall courtyard to be in when processing on certain segment hold, still appeared second instance program and check program close 2 for the phenomenon of one. Because criminal procedural law did not emphasize front courtyard of capital punishment check should parting with 2 careful collegiate bench designedly, in judicatory practice, the court joins 2 careful program and program of capital punishment check mostly 2 for one. And the program of capital punishment check that law sets independence, want to install a col for death sentence namely, in order to assure the validity of death sentence. So, join two programs 2 for the practice oversight of one the absolute value of program of capital punishment check, bring about the atrophy of program of capital punishment check and empty buy.
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