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《Chinese Journal of Law》 2014-06
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Control of the Death Penalty and Function of the Supreme People's Court

Zuo Weimin;  
The full recovery by the Supreme Court of the authority to review and approve death sentences in 2007 has to a certain extent reduced the number of death sentence,but it also had a profound impact on the Supreme Court itself.Firstly,the organizational structure of the Supreme Court has changed.The death sentence review body becomes the most important trial section and judges responsible for the review of death sentences the largest group of personnel of the Supreme Court.Secondly,the functional system of the Court has changed.Because of the drastic increase in the number of death sentence review cases,the individual case handling function of the Court becomes more powerful and prominent,resulting in the transformation of the status of and relationship between various functions of the Court and the rise of the position of the individual criminal cases handling function of the Court at the micro level.These changes are not completely in conformity with the organization and function of the Supreme Court under the modern system of the rule of law.Firstly,the expansion of death sentence review body is not in conformity with the status of the Supreme Court as an elite court.Secondly,the comprehensive and painstaking intervention in all death penalty cases by the Supreme Court could undermine the Court' s ability to deal with more important issues and impede the realization of the macro-functions of the Supreme Court,such as unification of the legal system and formation of judicial policies.In the future,the Court should reform its functions and working mode with respect to the review of death sentences in a step-by-step way in light of changing political and social conditions.
【CateGory Index】: D925.2;D926.21
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