死刑的程序之维

死刑正当程序的必要性在于防止错杀与滥杀。死刑的正当程序既要满足普通司法规则,又是一种特殊、烦琐与代价高昂的程序。中国现行的死刑司法,未能充分满足普通司法规则,缺乏正当程序所应有的特殊性,且过于简化而代价低廉,因而不符合正当程序的要求。为了有效地防止错杀与滥杀,最大限度地减少死刑的适用,中国的死刑司法应该从正当程序的要求出发,尽快实现程序的正当化。

On the Due Process of Death Penalty

The necessity of the due process of death penalty consists in preventing wrong killings and excessive killings. The due process of death penalty is such a process which not only satisfies the general rules of justice but also is a special and trivial process with high cost. The existing judicial administration of death penalty in China fails to meet the general rules of justice, lacks the particularities which the due process is expected to have and is too simplified and inexpensive. Therefore, it does not accord with the standards of due process. In order to prevent wrong killings and excessive killings efficiently, the existing judicial administration of death penalty in this country should start from the requirements of due process and justify the process of death penalty as soon as possible.