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 its 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, ensure thereby the validity of applicable capital punishment, develop its to build the strong safeguard action in the career in socialism. But we also ought to see clearly, as a result of legal clause careless, the particular program of capital punishment check still is not perfected, although the judicatory that the courtyard concerns the law explains top people,be on certain level the inadequacy that made up for legislation, but still a lot of problems remain to be perfected further at considering to mix.

One, close about program of check of existence capital punishment and second instance program 2 for the problem of one

the sanction of case of partial capital punishment as a result of top people court power transfer to a lower level gives senior people the court, the check program that this make use of condition created case of capital punishment of a few places surely and photograph of 2 careful program overlap, close 2 for one, because senior people court is likely also,be a case 2 careful court. In current judicatory practice, already senior people court rules to be made clear on the book in the 2 careful that sentence capital punishment case " according to top people court lawfully accredit is advanced the regulation of case of capital punishment of part of people court approve, the judgment that this judgment is approve capital punishment namely " . Should say, this kind of practice is ill-considered, its used 2 careful program to draw program of capital punishment check namely actually. Concern legal provision according to our country, program of capital punishment check and second instance program are the proceeding of mutual independence, they cannot incorporate already, also cannot undertake at the same time. Program of capital punishment check can be only after second instance program is terminative ability undertakes quite, and program of capital punishment check ought to comprise collegiate bench separately undertake. Accordingly, although the reason of afore-mentioned practices is of high-sounding -- of top people court lawfully accredit, but this is program of serious be bad law however, also stripped at the same time unapt the last a gleam of hope of the convict of the capital punishment that be sentenced, bring about program of capital punishment check to lose action of final protective screen and bring about a fault easily to kill, at the same time these two kinds of programs add up to the 2 local protectionism phenomena to bring about bureaucrats shield one another easily also [1] . From another respect reflection goes out, certain court is right the ignore of the person's life.
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