法治语境下我国死刑复核制度价值理念的反思和重塑

Considering and Remolding Ideology of Judicial Review of Death Sentence under Rule of Law

死刑复核制度作为中国社会特有的一项法律制度源源流长。自夏王朝开始萌芽,到西汉正式确立,延续整个封建社会直至今日繁荣不息,其承载了不同社会条件下统治者不同的治国理念。在依法治国的语境下,重塑死刑复核制度价值理念,构建科学的死刑复核制度,将对我国法治现代化建设具有重大意义。

The judicial review of death sentence, as a peculiar legislative system of the Chinese society, has a very long history. It germinated from the Xia Dynasty, took its shape in West Han Dynasty, lasted through the whole feudalism society and is still at work in China. Under the concept of governing the country by law, it is of great importance in the modernization construction of the rule by law to remold the value of death sentence judicial review system and establish a more rational death sentence judicial review system.