中国死刑立法的完善——以《公民权利和政治权利国际公约》为视角

On the perfection of the legislation concerning death penalty——from the International Covenant on the Civil and Political Rights

《公民权利和政治权利国际公约》对死刑的适用范围、程序以及死刑犯的请求赦免权和减刑权都有明确规定,而中国有关死刑的立法在许多具体问题的规定上与该公约存在一定的冲突,适用死刑的范围不仅过于宽泛且标准不明,适用死刑的程序也并非严格,缺乏死刑犯的赦免和减刑的请求权的规定等,需要加以完善。

The scope and procedure of imposing the death penalty, as well as the rights of applying for pardoning and commuting those who have been imposed the capital punishment, are stipulated clearly and definitely while there are some conflicts between the Chinese legislation concerning death penalty and those of the International Covenant on the Civil and Political Rights. The scope of imposing the death penalty is too broad. The standard is far from clearness. The procedure is not strict, and there is short of the rights of aoolying for pardon and commutation.All needs to be perfected.