试论死缓制度过度适用的原因及控制措施

Research on the Reasons for the Abusing of Death Penalty with Reprieve and Control Measures

当前对死刑限制和废除讨论的重点已从立法转向司法,在实践中的具体表现之一就是死缓制度在司法实践中被过度适用。值得注意的一个趋向是过去原本可以判处死刑立即执行的案件,在现今大都适用了死缓制度,造成这种局面的原因是多方面的,但这既有违死缓制定的初衷,也曲解了限制和废除死刑的本来含义。必须从程序和实体两方面对死缓制度的适用进行控制。

Current the discussion of restrictions and the abolition of the death penalty has shifted its focus from legislation to the judiciary, in practice one of the specific performance of the system is that reprieve is applied excess in the judicial practice. A note worthy trend in the past which could have immediate implementation of the death penalty cases in the current system mostly applied the death with reprieve, the cause of this situation are various reasons for this, but both the original intention of illegally death with reprieve are violated, and also misinterpreted the original meaning of restrictions and abolition of the death penalty. Must control the application of the death penalty with reprieve from the procedure and substantiality.