Before the expert appeals legislation ensures capital punishment to make punishment with the family member " interview authority "

Came recently according to report of Xinhua News Agency, make Ceng Chengjie execute to capital punishment about Changsha quadrangle did not inform a family member of be related, cause social heat to discuss continuously. 18 days, relevant law expert expresses when accepting a reporter to interview, although top people harrison hot spring weather forecastcourt published relevant judicatory to explain, but should interviewing a family member clearly from legislation further is the right that capital punishment makes, and from jural safeguard this right gets coming true.

Judicatory explains a provision " there is authority to see a family member before punishment "

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On December 20, 2012, top people court was announced " about applicable < procedural law of criminal of People's Republic of China > explanation " , this judicatory explains a the most popular norton internet antivirusprovision: "Court of first instance people is in before execuwatch case manufacturerting, ought to inform convict to authority interviews his close relative. Convict applies for to interview and offer specific connection way, people court ought to inform hmodern dining chairsis of close relative. Convict closefree modern dining chairs relative applies for to interview, people court ought to allow, seasonable arrangement is inti want modern dining chairserviewed. Seasonable arrangement is interviewed..

Be in early before this judicatory explanation is released, include scholar, lawyer inside many trades public figure all appeals legislature to answer from jural interviewing a family member clearly is a right that capital punishment makes. And be in early 2003, beijing High Court came on stage " make what interview with close relative carry out an opinion about capital punishment (provisional) " .

north face shirtsBeijing is filled with Yi Shenghua of head of department of partner of family attorney office, criminal's lawyer to tell a reporter, about executing before the problem that interviews a family member, new punishment tells a way and do not have relevant provision, but this judicatory explanation of the supreme court made clear this content later, "I feelthe most popular selling norton internet antivirus this is one great progress " . He expresses, make besides contenspring poolted capital punishment and the family member is this kind of human nature, close the need of affection, the civil dispute that exists the funeral affairs thabrass faucett capital punishment makes, possibly also needs to be fulfilled through interviewing a family member, this kind interviews dispute to often be necessary.

Fulfil " interview authority " still need to pass legislative safeguard

Understand according to Yi Shenghua, before relevant judicatory explanation comes on stage, the family member does not inform before some local capital punishment are carried out, making his to capital punishment also is announcement of before carrying out 9 hours. Yi Shenghua is analysed, the judiciary does not inform before capital punishment is carried out family member and cthe best selling modern dining chairsapital punishment make him before this, basically have two reasons: Fear capital punishment makes him spirit out of control on one hand, and arrive from the announcement the superintendency pressure during carrying out. Just before execution before the announcement can let capital punishment make there won't be thought pressure before carry out. On the other hand, if tell a family member ahead of schedule, concern produces accident situation, compare great place in clan force especially.

But, yi Shenghua thinks, even if is to have difficulties that one is reluctant to mention and pressure, also ought not to become do not let capital punishment make the argument that interviews a family member. "Capital punishment makes already paid due price for its crime, its are basic the right should be ensured. " Yi Shenghua says.

In director of room of criminal law of place of law of the Chinese Academy of Social Sciences Liu Renwen looks, although the supreme court published relevant judicatory explanation, and the effectiveness that the judicatory in practice explains is very tall, but after all the effectiveness that judicatory explains rank be inferior to law. And should let capital punishment make interview a family member to get fulfilling truly, ought to be ensured through legislation. Yi Shenghua also expresses, law is rigid, only from jural interviewing a family member clearly is a right that capital punishment makes, protection rises to just have strength more.