死刑案件实行三审终审制改造的构想

死刑复核程序有一定价值,但存在诸多弊端。即便最高法院收回死刑核准权,但死刑复核程序自身的弊端依然存在。应废除死刑复核程序,实行死刑案件二审强制上诉制度,增加三审并原则上设定为法律审。实行合议庭法官一致(或绝对多数)同意时才能对被告人判处死刑的原则,并应对死刑案件合议庭的组成方式进行改革。死刑案件还应充分发挥辩护律师的作用,实现被告人辩护权的最大化。

Some Ideas on Reforming the System of the Third Instance as the Final in Capital Cases

The procedure for judicial review of death sentence has its value to some extent but it has some defects. Even if the Supreme People's Court takes over its competence for examination and approval of death sentence, the inherent defects of the procedure for judicial review of death sentence is still extent. The procedure for judicial review of death sentence should be abolished but the system of compulsory appeal for the second instance of the capital cases must be established. And the system of the third instance, which in principle is set as a judicial review,sets up the principle that the defendant is not to be sentenced to death unless the judge at the collegial panel are all in consensus (or in overwhelming majority). The style of the grouping of the judges at the collegial panel should be reformed. In addition, the defense attorney of capital cases should be entirely fulfilled for the purpose that the defendant's right of defense is maximally substantialized.