死刑核准权的归属:历史、现状、未来

The History,Present Situation and Future of Adscription of Approval Right of Death Penalty

死刑核准权的归属是死刑复核程序的核心问题。在我国古代,死刑核准权由皇帝或皇帝亲自控制的中央机关行使。目前,死刑核准权由最高人民法院收回,结束了死刑核准权除由最高人民法院行使外还部分地由最高人民法院下放给高级人民法院行使的局面,从而避免了由这一现状带来的很多问题。

Adscription of approval right of death penalty is the core of death sentence reviewing procedure. In the ancient times, the approval right of death penalty in China belonged to the Emperor or the central organs controlled by him. Today in China, the Supreme People＇s Court has withdrawedthe approval right of death penalty. It has ended the situation that the approval right is controlled by the Supreme People＇s Court and partly by the higher courts authorized by the Supreme People＇s Court, so that a lot of problems have been prevented.