我国死刑案件量刑正当程序研究

On Due Procedure in Sentencing of Death Penalty in Our Country

量刑程序是死刑案件处理的关键环节。量刑公开、量刑参与、量刑独立和中立等正当程序原则对限制死刑适用和保证死刑裁决公正起着独特的作用。我国死刑制度改革中应当贯彻正当程序原则,完善现行死刑案件量刑程序。

The process of sentencing is the crucial sector in adjudicate copital case. The due process such as doctrine of publicity, participation, independent adjudication and neutrality play adistinctive rule in restricting application of death penalty and guaranteeing the justice of death sentence decision,it should be carried out in the reform of the system of death sentences to perfect sentencing of capital case in our country.