2011Journal of WulingRequires access

The Nature of Death Penalty Review Procedure and Its Litigation Reform

Peng Yue-lin

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Abstract

In China,the Supreme People's Court has recovered the power of reviewing death penalty and issued some relevant judicial explanations.However,the current death penalty review procedure has strong elements of administrative approval in nature.It is a complicated synthesis which is made up of litigation procedure and administrative approval procedures.According to due legal process,our country should set up a reasonable adjustment toward the relations among the charges,the defendants and the judges.The death penalty review procedure should be reformed as litigation procedure.

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In China,the Supreme People's Court has recovered the power of reviewing death penalty and issued some relevant judicial explanations.However,the current death penalty review procedure has strong elements of administrative approval in nature.It is a complicated synthesis which is made up of litigation procedure and administrative approval procedures.According to due legal process,our country should set up a reasonable adjustment toward the relations among the charges,the defendants and the judges.The death penalty review procedure should be reformed as litigation procedure.

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Available abstract

In China,the Supreme People's Court has recovered the power of reviewing death penalty and issued some relevant judicial explanations.However,the current death penalty review procedure has strong elements of administrative approval in nature.It is a complicated synthesis which is made up of litigation procedure and administrative approval procedures.According to due legal process,our country should set up a reasonable adjustment toward the relations among the charges,the defendants and the judges.The death penalty review procedure should be reformed as litigation procedure.

Key concepts: Supreme court, Law, Power (physics), Political science, Set (abstract data type), Law and economics, Economics, Computer science

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