The death penalty has always been a major social problem that has attracted much attention。Affected by the spirit of enlightenment，As early as 1764，Italian jurist Becalia proposes to abolish the death penalty in his masterpiece "On Crime and Penalties"。October 5, 1998，The Chinese government signed the International Convention on the Citizen Rights and Political Rights at the United Nations Headquarters (ICCPR for short)，Article 6 of the Convention stipulates that "Everyone has inherent life rights。This right should be protected by law。Do not want to deprive anyone of anyone ";，The death penalty can only be punished as a punishment for the worst crimes ";。As of now，159 countries and regions in the world abolish or abolish the death penalty in disguise。Although my country has signed ICCPR，but，I have not approved this Convention。Since the Supreme People's Court recovered after the Supreme People's Court in 2007，The trial of the legal community on the death sentence adheres to a more prudent attitude，Continue to kill less、Usage to control the death penalty with caution，Actively work hard through a variety of judicial methods，Promote the realization of ICCPR -related rights。

Destiny penalty -death penalty procedural control -control the death penalty through lawyers' defense，This is an inner、The legal logic that should be right。But，In the judicial field，Application for controlling the death penalty through lawyers' defense is to know、System、In practice，Not yet in place。The path control of the death penalty is nothing more than two basic choices of physical control and programming method control。This article mainly studies the procedure bet365 best casino games method control problem of reducing the application of death penalty through lawyers' defense。

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The author pays attention to the general defense of criminal cases earlier，The implementation of the implementation of the Criminal Procedure Law in 1996，It is found that the defense rate of criminal cases is less than one -thirds。After years of hard work，General defense has been realized during the trial stage，But the low participation rate of lawyers in the death penalty review process is an urgent problem。By reviewing the 42 death penalty review ruling announced by China Judgment Document Network from January 1, 2020 to December 31st，There are only 4 rulings that "listened to the opinions of the lawyer"，But the content of the lawyer's opinion、How to listen to the opinions of the lawyer and whether the court adopts the opinion of a lawyer，None of them stated in the ruling book。From the results of the ruling，There is no exception to approve the death penalty。It can be seen through the above data，In the death penalty review process，The proportion of cases listening to lawyers' opinions accounted for only 9.5%，and more than 90%of the cases may either have no lawyers participating，Either I did not listen to the opinion of a lawyer。From the value pursuit of universal defense，Establishing a universal defense system in the death penalty review process is of great significance。

　　Establish a criminal defense admission system for death sentence as soon as possible

Not only the general defense system for death sentences is to be established，To ensure that all death penalty review cases should be involved in defense lawyers，And to increase the threshold for lawyers to participate in the defense of the death penalty case，Implement the criminal defense access system。Among the 42 cases in the aforementioned 42 cases，None of the death bet365 best casino games penalty without exception，That is to say，Even a few cases involved in lawyers，Nor did it not have a substantial impact on the results of the case of the case。Therefore，It should start from the death sentence，Establish a criminal defense access system。Case involved in the death penalty directly related to whether the state should use judicial power to deprive the life right of the suspect，The so -called life is Guan Tian，You must not neglect at all at all。The professionalism of the death penalty defense has been undervalued for a long time，Not every lawyer can appear in court to defend the death penalty case，You need special professional knowledge and professional skills and professional skills for criminal law and criminal lawsuits，It's like not every doctor can perform surgery for cancer patients。Article 5.1 and Article 8.1 of the "Dead Case Dead Case Defense Case Defense Case Defense Case Defense Case Defense Case Defense Case Defense Case Defense Cases" stipulated，Member lawyers of the defense team in the US death penalty case shall participate at least once a year and successfully complete the special death sentence defense training，After obtaining the death penalty of the death penalty after the assessment of the Lawyer Association，Can you act as an agent and attend the court。This outline lists the training plan for the defendant qualification lawyer of the defendant to obtain the appointment of the application for obtaining the application，It also stipulates that the chief defense lawyer of the defendant as a death penalty case must have a defense experience for at least 3 murders。Someone is worried that after the establishment of the defense system of the death penalty case in my country，The number of lawyers is not enough，or the cost of litigation is too high，or affecting the enthusiasm of lawyers，I have done empirical research on related issues in the book "The theory and Empirical Research bet365 Play online games Research on China's Criminal Defense Admission System and Empirical Research，Prove that the above concerns are all concerns。

　　Equality in the prosecution in the death penalty review procedure

Control and defense is the cornerstone principle of criminal rule of law。Originally，As an individual, citizens are in a natural disadvantaged position in front of national judicial organs，To maintain fair and fair judicial concept，Legislators plan to formulate an equal status of the prosecution and the defense，This system design reflects the guarantee of the constitutional rights of the right to appeal to citizens。"Explanation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" Article 434，During the death penalty review period，The defense lawyer requested that the opinions in person to reflect the opinions，The relevant parliament of the Supreme People's Court should hear its opinions at the office place，Make a transcript; the defense lawyer puts forward written opinions，It should be attached。Article 435 stipulates，During the death penalty review period，The Supreme People's Procuratorate put forward the opinions，The Supreme People's Court should review，and feedback the adoption and reasons to the Supreme People's Procuratorate。This can be seen，The Supreme People's Court's attitude towards the defense lawyer and the procuratorate is very different: the lawyer's opinion，Only produce a transcript or sort out an attached volume，Also at the office of the collegiate panel，But the prosecutor's office made opinions，The court should not only review，Also feedback to adopt the situation and reason。It is precisely because of the legal specification of this control and imbalance，All difficulties in lawyers participating in the death penalty review procedure in judicial practice。

Take Wang Shujin as an example，Approved by the Supreme People's Court and issued a death penalty bet365 Play online games order，Hebei Province Handan Municipal Intermediate People's Court on February 2, 2021 crime of intentional homicide、The criminal of the criminal of rape Wang Shujin executed the death penalty。Wang Shujin's acting lawyer Zhu Aimin said in an interview with "cover news"，Wang Shujin's death penalty review period，The Supreme People's Court has never contacted him，He did not have time to submit defense opinions to the Supreme People's Court，I only know that Wang Shujin is dead。A lawyer in Beijing said，After he accepts commission，Dial one by one to call the Supreme People's Court's Criminal Trial Court，Two months later, contact the case -undertaking judge，The judge asked him to submit written defense opinions within 3 days。This example indicates，There is still a lot of work to do in equality of the prosecution and defense。

　　Respect the inner law of the death penalty review process

Under the background of judicial reform，The death penalty review process is also facing the task of reform。Reform death penalty review procedure，The hearing mode should be implemented first，Gradually transition to the opening of the trial。Calculation of the death penalty review of the death penalty、Administrativeization is an old problem that has been criticized for many years。The author has proposed，Set the death penalty review process as an independent litigation procedure，In this program, we must build a hearing mode jointly participating in the confidence and defense，The court listened to the opinions of both parties to the debate，Can't review the opinions of the prosecution only，A record of the opinion of the defender。After passing this program，Gradually transition to the death penalty review case opening review mode。This is the case，Not only is it conducive to protecting the right to participate in both parties，It also added a safety valve to the final death penalty judgment，The incidence rate helps bet365 live casino games to reduce the case of unjust, false and false cases。

　　From admission to defense to universal defense

I wrote an article to demonstrate the in defense、General defense、The logical relationship between effective defense and its implementation path。What needs to be particularly emphasized is，Not only the independent value of admission defense，Universal defense on the basis of admission defense，Only by admission defense and universal defense can effective defense，At the same time，Also recognize，To achieve effective defense，We must fully expand and protect the lawyer's right to defense，At least but not limited to the following four rights: one，The right to meet free。Defense lawyers can freely choose time with the "three certificates" to meet with the prosecutor，During the meeting, not being monitored、Monitoring。Its two，Complete Right Rights。All file materials should be given to the defense lawyer for inspection，Do not have any retention。Its three，Fully investigating the right to obtain evidence。On the one hand，Defense lawyers in the process of investigation，To give it the greatest exemption; on the other hand，Defense lawyers cannot achieve the investigation of the right to get the right to get the right to get the right to get the law.，The court shall give it an investigation order。Four，Any right of opinion。Defense lawyers can use various forms in accordance with the law，Any defense opinion。

In short，The death penalty system can best reflect the necessity of establishing a criminal defense access system，The professionalism and technical nature of criminal defense different from other case lawyers' agents，So，Further recognize the value of the lawyer's defense that is irreplaceable for the control of the death penalty，It is clear that the best defense is provided for those who may be deprived of life，It should be the Bet365 app download legislature、Common responsibility for judicial organs and lawyers。

　　(The author is a professor at the School of Law of the Chinese Academy of Social Sciences、Researcher of the Institute of Law of the Chinese Academy of Social Sciences)