论死刑复核程序的重构

Reconstruction of Procedure for Judicial Review of Death Sentences

死刑核准权收归最高人民法院统一行使未能解决死刑复核程序运作的所有问题,死刑复核程序应当重构。死刑复核程序应实行侧重于法律审查的全面审查原则和部分地实行直接、言词原则;审理方式应实行开庭审理与不开庭审理相结合的审理模式;审判机构设置上应采取在最高人民法院内部设置专事死刑复核程序的死刑复核庭的做法;案件的裁判应在实体上从严把握死刑量刑的尺度,在程序上确立死刑立即执行的裁量一致同意或大多数同意原则。

Although competence for examination and approval of death sentences has been turned over to the Supreme People＇s Court to exercise, there are still many problems; therefore, it should be reconstructed. Firstly, we should enforce the principle of complete review with the special emphasis on legal review and par- tially carry out principles of direct and verbal trial; secondly, we should combine the modes of holding a hearing and closed hearing; thirdly, there should be the court room for review of death sentences inside the Supreme People＇s Court, which specializes in procedure for judicial review of death sentence; fourthly, we should be substantially severe in measuring standard for death sentences, and procedurally establish unanimous or most verdict system for measuring death sentences.