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What does the 4th Plenum mean for death penalty reviews? | Supreme People's Court Monitor
by Susan Finder
In a press report in Southern Weekend last month, the Supreme People’s Court (the Court) revealed that an important legal reform related to death penalty reviews is forthcoming–institutionalizing legal representation in death penalty reviews. It appears that this development has not yet been reported in the foreign press. This development, and others still in the works, are likely linked to the following provisions in the 4th Plenum Decision:
- For appeals from dissatisfaction with effective judgments or decisions of judicial organs, gradually implement a system of lawyer representation. Bring appellants unable to hire a lawyer within the scope of legal aid.
- Advance systemic reform in litigation with trial at the center;
- complete effective guards against unjust, false and wrongfully decided cases.
The Southern Weekend report was partially reported in the foreign press, thanks to a summary by the Duihua Foundation, but that report missed this important development. (A full translation of this article would be helpful to non-Chinese readers interested in this issue).
(This reform caught my attention because because I raised this issue when conducting an interview at the Supreme People’s Court in the early 1990′s, when researching my 1993 Supreme People’s Court article in the Journal of Chinese Law.)
'via Blog this'
Please note that I have updated this blogpost to reflect important new developments, in particular a recent conference on the death penalty, which brought all interested parties in one conference room. Professor Zhao attended, along with a senior Supreme People's Court official and other government officials.
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