On the defendant's Procedural Rights in Procedure of Judicial Review of Death Penalty
Tan Zhi-jun
Abstract
Tan Zhi-jun
Abstract
The defendant in procedure of judicial review of death penalty should have adequate procedural rights,which is required to acknowledge the litigious character of the procedure of judicial review of death penalty,to reflect the role of procedural subject of defendant,to guarantee the correct application of death verdict and to make it more receiving.Referring to some relative provisions in the International Covenant on Civil and Political Rights and the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty,in china the defendant's procedural rights in procedure of judicial review of death penalty are at the extreme deficient condition and need to be improved badly.So firstly we should ensure the defendant having proceeding rights which he should have in common procedure unless he gives up them voluntarily,secondly we should give the special protection to defendants.to be exact,we should entitle these rights to them: the choice of ways of hearing,compulsory defense,privilege against self-incrimination,the presumption of innocence,protection against double jeopardy,the application of release,commutation and establish the system of suspended execution of death penalty in order to provide enough time for the defendant to obtain judicial remedies as many as they can.
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The defendant in procedure of judicial review of death penalty should have adequate procedural rights,which is required to acknowledge the litigious character of the procedure of judicial review of death penalty,to reflect the role of procedural subject of defendant,to guarantee the correct application of death verdict and to make it more receiving.Referring to some relative provisions in the International Covenant on Civil and Political Rights and the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty,in china the defendant's procedural rights in procedure of judicial review of death penalty are at the extreme deficient condition and need to be improved badly.So firstly we should ensure the defendant having proceeding rights which he should have in common procedure unless he gives up them voluntarily,secondly we should give the special protection to defendants.to be exact,we should entitle these rights to them: the choice of ways of hearing,compulsory defense,privilege against self-incrimination,the presumption of innocence,protection against double jeopardy,the application of release,commutation and establish the system of suspended execution of death penalty in order to provide enough time for the defendant to obtain judicial remedies as many as they can.
Key concepts: Presumption of innocence, International Covenant on Civil and Political Rights, Law, Double jeopardy, Political science, Judicial review, Law and economics, Human rights