通过程序控制死刑

如何控制死刑问题已经成为中国亟待解决的重大现实课题。从各国的实践来看,控制死刑主要包括实体控制与程序控制两种路径。尽管通过宪法或者刑法可以对死刑控制起到立竿见影的效果,但是,通过实体控制死刑,存在难以克服的局限性。相比较而言,通过程序控制死刑,则具有明显的优势。在中国目前无法全面废除死刑而实体控制又存在较大难度的情况下,通过程序控制死刑应是明智之举。

Controlling Death Penalty by Procedural Ways

It is a very important realistic problem how to control death penalty in China.The ways of controlling death penalty include both substantive control and procedural control in the foreign practices.Constitution or criminal law can get effect instantly on controlling death penalty.However,the substantive control ways have some insuppressible localization.Controlling death penalty by procedural ways has more obvious advantages than by substantive ways.At present,it is very advisable for China to control death penalty by procedural ways in the circumstance that we cannot completely abolish death penalty and it is very difficult to control death penalty by substantive ways.