现行死刑复核制度存在的几个问题及对策性分析

经过理论界和实务界长期不懈的努力,死刑复核权终于回归最高人民法院.虽然在回归前后最高院及相关部门陆续出台了与死刑复核程序相关的配套规定,但仍存在一些亟待明确的问题.结合司法实践及最新出台的司法解释,从死刑复核的启动方式、复核方式、审理方式、审理范围以及参与主体等七个方面进行对策性分析,对我国早日建立起完善的死刑复核制度是有帮助的.

Several Problems of the Current Judicial Review of Death Sentences System

The power of judicial review of death sentences has been taken back to the Supreme Court through years' efforts by both theory and practice circles.Although some provisions on the procedure of judicial review of death sentences were made out by the Supreme Court and other departments,there are still several problems which need to be cleared.In the view of judicial practice,with the combination of the latest judicial interpretations,the paper makes analysis on the countermeasures to the reviewing style,ways of hearing,the reviewing context,principal parts and three other aspects in the hope of giving some help to establish a perfect Judicial Review of Death Sentences System in the near future.