死刑复核权归位之程序构想

随着10月26日,最高人民法院正式发布《人民法院第二个五年改革纲要》,决定收回死刑复核权。法学理论界与司法实务界一直以来关于死刑复核权的争议与质疑似乎尘埃落定。然则,收回是一句话,如何收回, 复核程序又将如何完善,又是学界与司法界不得不直面的复杂问题。本文拟针对当前死刑复核程序之弊端提出完善死刑复核程序之构想。

On procedure of returning the checking right of death penalty

On October 26th, the tiptop people's court issued "the second fiveyear reforming program of people court" normally and decided to take back the checking right of death penalty.The dispute and oppugn between the law circle and the judicial circle on the checking right of death penalty are apparently concluded. While taking back is only a word, how to take back and how to perfect the checking procedure are still complicated problems which the law circle and the judicial circle have to face. The article put forward the idea of perfecting the checking procedure of death penalty aiming at the abuse of current checking procedure.