死刑复核程序之立法完善研究

在我国刑事诉讼法面临再修改之际,死刑复核程序的改革和完善已势在必行.死刑复核程序之立法完善可从以下几方面着手:死刑核准权下放导致部分案件二审程序与死刑复核程序合二为一、死刑适用标准混乱、立法无序并剥夺和限制了当事人的程序权利,应将死刑核准权收回最高人民法院统一行使;死刑复核方式应修改为赋予被告人律师辩护权,书面审理、凡有争议的案件应采取书面审理与设置听证程序相结合方式;死刑复核范围应采取法官全面审查与针对控辩方提出异议内容进行审理相结合;复核死刑立即执行案件不规定具体期限,复核死刑缓期执行案件规定具体期限;复核死缓案件无论量刑是否偏轻均不得加重被告人刑罚.

Remark on the Perfection for the Legislation of Death Sentence Reviewing Procedure

At present, while the criminal procedure law is to be re-amended, the reform and perfection of death penalty reviewing procedure must be enforced. This can be started from the following aspects: As lowering reviewing authority leads to combination of the second trial procedure and death penalty procedure of some cases into one and disorder of application of legislation and depriving and limiting the litigant of his procedure right, the reviewing authority should be taken back and given to the Supreme People's Court; the death penalty reviewing way should be changed to giving the defendant right to defense by lawyer and written trial; the disputed case should be tried in the way of integrating written trial with hearing procedure: with regard to the scope of death penalty review, the way of combination of the judge's allover trying with trying the case according to the objection put forward by two parties should be taken; with regard to the limit time of death penalty review, for the case of reviewing death penalty immediately executed, the specific time should not be stipulated; while for reviewing death penalty suspended execution, the specific time limit should be stipulated; with regard to reviewing death penalty suspended execution, the punishment extent to the defendant should not be increased, no matter the extent for measurement of punishment is light or heavy.