死刑复核制度价值理念的变迁

古代死刑复核制度秉承儒家司法仁政原则,对古代司法发挥了重要作用.现代死刑复核制度由于长期的功利性倾向,未能形成内在的制度价值.死刑复核制度改革不能仅局限于收回死刑核准权,而是应在保障人权的角度重塑人道主义的制度理念.

On the Change of the Purpose and Value of the System of Review of Death Penalty

Based on the Confucian principle of benevolent politics, the ancient system of reviewing death penalty played a very important role in ancient judicature. However, owing to the utilitarian tendency, the modern system of reviewing death penalty cases can't form the inner value of the system. The reform of the system of reviewing death penalty cases should not be limited only to the revocation of the right to approve death penalty, but should remodel the notion of humanitarianism from the perspective of ensuring human rights.