死刑复核程序的诉讼化及其程序正当性构建

On the Actionability of Death Penalty Authority Procedure and Reconstruction of Due Process

死刑核准权收归最高人民法院解决的是死刑核准权的归属问题。死刑核准权收归后面临的问题是诉讼程序的行政化、程序内容的空洞化以及程序正义性的缺失从而使设置该程序的目的落空。因此,需要对死刑复核程序进行诉讼化和程序正当性构建。

The withdrawal of death penalty authority to the Supreme Court tries to put penalty authority power in its place. But after the withdrawal,the procedure suffers from the administrative tendency,the vacancy of procedure content and lack of due procedure,which makes the purpose of penalty authority procedure in vain. Therefore,the penalty authority procedure should be actionable and be reconstructed under the principle of due process.