Home / Government / Central Government News Tools: Save | Print | E-mail | Most Read | Comment
China Changes Law to Limit Death Sentence
Adjust font size:

The top legislature adopted a change to the law on the country's court system on Tuesday requiring all death sentences to be approved by the Supreme People's Court.

The amendment to the country's organic law on the people's court will come into effect on January 1, 2007. It is believed to be the most important reform on capital punishment in China in more than 20 years.

The amendment deprives the provincial people's courts of the final say on issuing death sentence, stipulating that death penalties handed out by provincial courts must be reviewed and ratified by the Supreme People's Court (SPC).

Xiao Yang, president of the Supreme People's Court, said the change will separate a review of a death sentence from a convicted person's appeal of the verdict. The former will be handled by the SPC while the later remains in the jurisdiction of provincial courts.

This, says Xiao, is "an important procedural step to prevent wrongful convictions."

"It will also give the defendants in death sentence cases one more chance to have their opinions heard," Xiao said.

The SPC was responsible for reviewing all death penalty cases until 1983 when, as part of a major crackdown on crime, provincial courts were given authority to issue final verdicts on death sentences for crimes that seriously endangered public security and social order, including homicide, rape, robbery and bombing.

Chen Xianming, president of China University of Political Science and Law, said the revision was appropriate in the mid 1980's and helped to lower the country's crime rate.

Ministry of Public Security figures in September 1984 showed that the number of criminal cases from January to August that year dropped 31 percent from the previous year.

However, the practice of provincial courts handling both death sentence appeals and conducting final reviews began to encounter increasing criticism in recent years for causing miscarriages of justice.

Since 2005, China's media have exposed a series of errors in death sentence cases and criticized courts for lack of caution in meting out capital punishment.

Law professor Chen Ruihua of the Peking University said the 1983 revision has resulted in "insufficient supervision" of death sentences.

Chen said provincial courts may have different interpretations of which crimes are worthy of capital punishment. This meant someone convicted in one province may receive the death penalty while in another province the same crime would have resulted in a prison sentence.

"To take back the power of reviewing and ratifying all death sentences and prevent wrongful convictions has become an urgent issue for China to push forward judicial reform, safeguard legal consistency and promote judicial justice," said Chen.

Sources with the supreme court said the SPC had been considering depriving provincial courts of the right to ratify death sentences since the late 1990s.

In October 2005, the SPC issued its Second Five-Year (2006-2010) Reform Plan, announcing that it had decided to deprive provincial courts of this power according to the principle of "respecting and protecting human rights and exerting strict controls over the death penalty."

To prepare for the changes, the SPC has set up three new criminal tribunals since April this year to review death sentences handed out by provincial courts.

Staff for the three tribunals, who underwent a month of training in Beijing, are selected from regional courts by a rigorous examination process.

The SPC is working on a plan to take in more experienced lawyers and law school teachers as senior judges.

Over 30 judges from higher and intermediary people's courts have been chosen for the first training course in Beijing. After three months of training, they will be on probation for a year before officially assuming office.

After a year of preparation, the SPC tabled the draft amendment to the top legislature last September, asking lawmakers to revise the law to allow the supreme court to take back the power.

(Xinhua News Agency November 1, 2006)

Tools: Save | Print | E-mail | Most Read
Comment
Pet Name
Anonymous
China Archives
Related >>
- Supreme Court to Withdraw Death Sentence Review
- Provincial Courts to Lose Death Sentence Rights
- Death Penalty Reform Boosts Human Rights
Most Viewed >>
Questions and Answers More
Q: What kind of law is there in place to protect pandas?
A: In order to put the protection of giant pandas and other wildlife under the law, the Chinese government put the protection of rare animals and plants into the Constitution.
Useful Info
- Who's Who in China's Leadership
- State Structure
- China's Political System
- China's Legislative System
- China's Judicial System
- Mapping out 11th Five-Year Guidelines
Links
- Chinese Embassies
- International Department, Central Committee of CPC
- State Organs Work Committee of CPC
- United Front Work Department, Central Committee of CPC
主站蜘蛛池模板: 日本大片免a费观看视频| jizzjizz视频| 最近中文字幕国语免费完整| 又黄又爽又色又刺激的视频| 天堂久久久久久中文字幕| 成人黄色免费网站| 久久精品国产亚洲av电影网| 特级黄色毛片视频| 国产伦精品一区二区| 91麻豆果冻天美精东蜜桃传媒 | 国产大尺度吃奶无遮无挡| av无码精品一区二区三区 | 午夜精品久久久久久| 日韩一区二三区国产好的精华液| 在线国产小视频| 丰满少妇三级全黄| 欧美在线xxx| 亚洲精品午夜在线观看| 老师让我她我爽了好久动漫 | 久久久久亚洲AV无码专区首JN| 欧美日韩亚洲成色二本道三区| 伊人久久大香线蕉亚洲五月天| 蜜桃成熟时1997在线看免费看| 国产精品资源网| 一本色道久久88综合日韩精品| 无码人妻一区二区三区免费n鬼沢 无码人妻一区二区三区免费看 | caoporm在线视频| 无限资源日产好片| 亚洲专区一路线二| 狠狠躁天天躁中文字幕无码| 国产一级特黄a大片免费| 777奇米影视视频在线播放| 夫妇交换性三中文字幕| 久久久久人妻一区精品性色av| 欧美特黄三级在线观看| 亚洲综合五月天欧美| 精品性高朝久久久久久久| 国产午夜精品理论片| 伊人婷婷综合缴情亚洲五月| 国产精品美女久久久网av| 67194线路1(点击进入)|