死刑核准权应当由最高人民法院统一行使

Only the Supreme People’s Court Has the Approval and Execution of Death Penalty

根据我国国情,死刑制度还必须继续实施一段相当长的时间,但是,必须坚持“死刑由最高人民法院核准”的法律规定。全国人大常委会于 1983年第一次“严打”期间,授权最高人民法院将“五类治安案件”的死刑核准权下放给各高级人民法院行使,实践证明弊多利少,建议尽快废止。同时,由最高人民法院法直接判决死刑的案件,也应当进入“死刑复核程序”。

According to China’s actural conditions, the system of death penalty will be put into practice for a long time. To uphold the legal authority that the death penalty must be examined and approved by the Supreme People’s Court must be enforced. In 1983,during “the severe punishment”, the Standing Committee of the National People’s Congress empowered the Supreme People’s Court to transfer the right of examination and approval to death sentence of five kinds of public penalty cases to each High Court, but the practice proved that the disadvantages outweighed the advantages. This practice destroyed the unification of legal system, and also caused unjust to capital prisoners. The best suggestion is that it is should be ended as soon as possible. Meanwhile, the Supreme People’s Court should establish “the check procedure of death sentence”.