二审程序与死刑复核程序合并适用问题分析

Analysis on the Combination of the Second Trial Procedure and the Re-check Procedure of Life Sentence

对二审程序与死刑复核程序合并适用的问题直接影响程序正义的实现,影响审判的公信力。死刑核准权上收是尊重生命权的必然选择;二审程序与死刑复核程序分开是程序公正的必然要求。

The due process and the public-trust of trial are directly affected by the combination of the second trial procedure and the re-check procedure of life sentence. At the same time, the withdrawal of life sentence checking is the necessary option to show respect of the right of life. And it is also the undeniable request that the second trial procedure and the re-check procedure of life sentence be parted by the due process.