论死刑中的程序正义

Opinions on Procedural Justice of the Death Penalty

程序的设立是为了保证实体法的公正实施。我国还保留死刑,因此限制死刑是我国的当务之急,也是我国的刑事政策,可以概括为"不可不杀,不可多杀"。如何贯彻这个刑事政策,从程序正义做起来保证死刑的公正适用就成为一种选择。

Procedural law was established to ensure the just implementation of substantive law. The death penalty was still retained in our country, so it is the most pressing task for our country to severely restrict the death penalty. This is our criminal policy, and it can be summarized in two phrase＂ It is not possible not to kill;do not kill to excess＂. How to apply the criminal policy？ It is a chose that impartiality in applying the death penalty must start with procedural justice.