The Establishment and Improvement of the Legal Aid System for the Death Penalty Review Process in China

Jie Lian

doi:10.54691/c40r3772

Authors

Jie Lian

DOI:

https://doi.org/10.54691/c40r3772

Keywords:

Death penalty review procedure; Legal aid system; Right of criminal procedure; The defence counsels’ right of defense.

Abstract

Since the Supreme People's Court took back the right of death penalty examination in 2007, defense counsels have come to play an important part in the Death Penalty Review Procedure. But for the defendants who haven't chosen a defense counsel, the past laws and regulations do not clearly specify if they access to legal aid in the Death Penalty Review Procedure. Until 2021, China passed the Legal Aid Law and relevant regulations, the new laws makes it clear that the defendant of death penalty review can obtain legal aid to defend. This paper focuses on the construction and improvement of the legal aid system of China's death penalty review procedure. Firstly, it combs the development context of China's death penalty review system. Secondly, it analyzes the theoretical basis of the legal aid system of death penalty review procedure, discusses the necessity of introducing legal aid defense into the death penalty review procedure, and puts forward the connotation and value of criminal procedure in the construction of the system. Finally, it puts forward views and suggestions on the further improvement of the system around the shortcomings of the existing provisions and the possible difficulties in judicial practice.

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