死刑案件被害人家属信访问题研究

在死刑案件中，被害人家属既难以通过量刑程序实现自己的复仇愿望，也难以通过刑事附带民事诉讼获得应有的赔偿，还难以通过司法救助机制获得充分的救助，这导致了被害人家属很难理性地对待刑事诉讼制度，进而采取信访甚至闹访等非常规手段来主张自己的诉求。为了兼顾死刑判决的法律效果和社会效果，一审法院不得不面临死刑政策与民意之间的直接冲突。一审法院尤其是承办法官在死刑案件一审判决前后始终面临着信访带来的压力。为了妥善处理死刑案件被害人信访问题，需要构建科学、合理的信访工作机制，并以此为契机，稳步、有序地推进涉诉信访工作机制的进一步完善。

On the Appeal of the Relatives of the Victim in Capital Cases

In capital cases, the relatives of the victim is difficult to achieve the aim of revenge by way of the sentence procedure, and can hardly acquire the deserved compensation by way of the criminal accessory civil proceeding, and unable to get the judicial assistance, which cause the relatives of the victim can not take the criminal procedure reasonably. Furthermore, they may resort to the appeal even unreasonable means to claim their proposition. In order to balance the legal effect and the social effect of the judgement in capital eases, the trial court has to deal with the direct conflict between the policy of capital punishment and the public opinion. The trial court especially the judge in chief will face up the tension of the appeal before, during and after the judgement. In order to deal with the appeal of the relatives of the victim in capital eases, we should construct the scientific and reasonable appeal system, and take steps to optimize the appeal system involving proceedings.