慎用死刑的程序保障——对我国现行死刑复核制度的检讨及完善建言

死刑复核制度具有限制死刑的功能,也是“慎用死刑”的程序保障。现行死刑复核体制存在诸多弊端,应当将死刑复核权全部收归最高人民法院行使,如此可以有利于在全国范围内统一死刑的适用标准,有利于对被判决死刑(立即执行)的人的权利进行救济,也有利于最大限度地贯彻“少杀,慎杀”的死刑刑事政政策。为解决处理死刑复核案件的效率问题,可在全国设立若干最高人民法院分院负责这类案件的审理工作;同时还应当大力完善这一制度的具体规范,以保障其功能的充分发挥。

The Procedural Guarantee in Precautious Application of Capital Punishment

The system of judicial review of death sentence performs its function in restricting the application of death penalty. The existent system of judicial review of death sentence has many defects in practice., and so such system should be assumed and exercised by the Supreme Peoples Court, which can be of great advantage to promise the application of a uniform norm of death sentence across China, to find means of salvation for the cases for immediate execution of death sentence, and also can be of great value to maximally carry out the criminal principle in death sentence ——killing as few as possible and killing as precautiously as possible. In order to solve the problem of judicial review of death sentence, it is proposed to establish that the Supreme People's Court establish some branch courts to perform the trial function for the death sentence. Meanwhile the pretrial norms of such system should be further improved so that its function may be fully fulfilled.