February** Dynamic Incentive Program
As an extreme criminal punishment, the enforcement process not only touches on the individual's right to life, but also tests the fairness and humanitarianism of a country's judicial system. In China, with the deepening of the process of rule of law, the people's demand for legal justice and human rights protection is increasing day by day, and on-the-spot supervision of death sentences has thus become an important and sensitive link in the criminal justice system. The establishment and improvement of this supervision mechanism is not only a kind of legal monitoring of the ultimate deprivation of the right to life, but also a kind of self-restraint on the state's executive forces, which reflects the importance attached to the protection of human rights in the construction of the rule of law.
As one of the 55 countries that still retain the death penalty, in order to better protect the rights of persons subject to execution, China has stipulated in detail the procedures for supervising the immediate execution of the death penalty in legal documents such as the "Criminal Procedure Law" and the "Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation)." For example, article 263 of the Criminal Procedure Law stipulates that before the execution of a death sentence, the people's court shall notify the people's procuratorate at the same level to appoint personnel to supervise the execution, and the adjudicators and clerks shall be present during the execution, and the execution shall be announced. The main body of this procedure is a unit or organization specially authorized by law, and its content is to supervise whether there is any illegal act by the enforcement organ, which is applicable to the enforcement stage and has an important role in safeguarding the rights of the person subject to enforcement.
The power to supervise the execution of the death penalty is essentially a part of legal supervision, and the implementation of legal supervision does not represent the will of an individual or a specific group, but is a full manifestation of the will of the state. The subject of supervision is authorized by the organs of state power in accordance with the law, has the legal power of supervision, and its task is to supervise the legality of the implementation of the law in accordance with the law. The content and procedures of supervision are legal and must be strictly complied with in accordance with the law. The content of the procedure for monitoring the immediate execution of the death penalty is a procedural issue and is clearly regulated by legal documents. Procedures are not just means of providing substantive services, but also have independent legal value, as strict procedures embody the principles of democracy, the rule of law and human rights. As a key tool for the realization of procedural justice, the supervision procedure for the immediate execution of the death penalty aims to ensure that the execution of the death penalty follows the legal procedures and further promote the achievement of substantive justice through the realization of procedural justice. This procedure requires supervision by a legally mandated body to ensure that the execution of the death penalty is carried out in an orderly manner and in accordance with the procedures established by law. It is helpful to ensure the lawful enforcement of criminal judgments, emphasize the rule of law and justice, and can also avoid irreparable losses caused by unjust, false and wrongly decided cases, and safeguard the legitimate rights and interests of the person subject to enforcement. The supervision procedure for the immediate execution of the death penalty is an important measure to protect citizens' right to life, and through timely supervision and discovery of violations in the process of execution, procedural justice is fully reflected, and substantive justice is finally realized.
The most direct value of the immediate execution monitoring process is to facilitate the effective implementation of the death penalty. The execution of the death penalty involves a number of key aspects, including the punishment of crimes, the maintenance of social order, the realization of fairness and justice, the emotional comfort of victims and their relatives, and the protection of the rights of those who have been executed. All of these aspects must be carried out under legal and supervised conditions. The establishment of the supervision procedure for the immediate execution of the death penalty involves many aspects such as the subject, method, time, place, and recommendation to suspend the execution of the death penalty, which fully reflects the supervision and control of the death penalty execution process and helps to ensure the effective implementation of the death penalty. The supervision procedure for the immediate execution of the death penalty has further strengthened the deterrent effect of the rule of law based on the coercive power of the state, safeguarded the authority of the law, enhanced the credibility of the judicial organs, and played a positive role in shaping a good social atmosphere and maintaining social order. The establishment of a supervision procedure for the immediate execution of the death penalty helps to effectively ensure that effective sentences are carried out in accordance with the legal time, procedures and methods, so that the criminal punishment of the offender can be carried out, while providing psychological comfort to the victims and their families. At the same time, this procedure also helps to raise the public's awareness of the rule of law and social values, thereby reducing the recurrence of similar harmful acts.
Preventing unjust, false and wrongly decided cases is an important value of the procedures for supervising the immediate execution of the death penalty. The procedure, which includes the verification of the death warrant prior to execution, the identification of the convict being executed, and the recommendation of the supervisor to stop the execution if it is found that the execution should be stopped, are all important elements of the supervision process to ensure that the object of execution is "completely correct". If the person subject to enforcement has a situation that should not be executed but is not discovered, resulting in wrong execution, it will bring irreparable serious consequences. The establishment of supervision procedures plays an important role in ensuring the correct execution of the death penalty and preventing unjust, false and wrongly decided cases. The question of the existence and abolition of the death penalty has always been a hot debate in the field of criminal law, and most countries and regions have abolished or actually abolished the death penalty, which is widely regarded as part of human rights protection. However, for retentionist countries, the imposition of the death penalty is also seen as a way to realize the value of human rights protection. Although it involves depriving the offender of the right to life, it is based on the extremely heinous nature of the crime committed by the person subject to enforcement, which seriously endangers the legitimate interests of others, society or the state, and the deprivation of the right to life is aimed at balancing the victim's infringement of rights and better protecting the rights and interests of society as a whole. For convicts sentenced to death, even after the entry into force of the sentence, there are still basic rights guaranteed and should be treated with humane respect and care.
The implementation and improvement of on-site supervision of death sentences is a long-term and dynamic process, which requires continuous summing up of experience, discovering problems, and adjusting strategies in practice. With the development of society, the progress of the law and the improvement of human rights awareness, the requirements for on-site supervision of death sentences will also continue to increase. Therefore, supervisory bodies and supervisors need to keep an open mind, actively absorb advanced experience and concepts at home and abroad, and enhance their professional ability and work effectiveness through continuous study and improvement, so as to make greater contributions to promoting judicial fairness and human rights protection.