检察机关监督死刑案件复核的客观依据

检察机关监督死刑复核符合宪法和法律对检察机关的法律地位和职权的规定;检察官的"客观义务"和上级检察机关全面、独立参与死刑案件的审查,决定了检察机关监督死刑案件的庭审和复核都不是单纯的当事人和公诉机关:从死刑案件的审理和复核的关系、性质看,死刑复核不是法院内部的行政审批活动,检察机关不仅要参与死刑案件的一审、二审,而且应当监督死刑案件的复核;检察机关对死刑案件的监督必须是针对所有情形的、全过程的、上下独立的,不应当是区别情况的、断断续续的;检察机关参与死刑庭审和复核追求的司法价值,都是保证死刑案件依法、客观、公正地处理,防止发生冤假错案和案件的不公正处理。

The Reasons Why Procuratorate Office Should Supervise Death Penalty Review

The Procuratorate Office's supervisory function with regard to death penalty review is deter- mined by its legal status and responsibilities as defined by the Constitution of the PRC and related laws.It is the Procurator's responsibility to ensure the objective handling of such cases, and the higher-level Procuratorate Office's obligation to ensure that in all death-penalty related cases,at both initial hearing and review stages,the Procuratorate Offices are not just defend- ant and prosecutor.And from the perspective of the relations of death-related cases trying and review as well as their natures,it is found that the death penalty review is not the administrative examination and approval activity inside the court.The Procuratorate Offices should not only take part in the first and second trials in cases which may attract the death-penalty,but also supervise the case review thereof.The Procuratorate Offices should supervise all such,rather than just specific ones,in an independent and consistent manner.The Procuratorate Offices' participation in both the original hearing and review stage of death-penalty related cases could guarantee that such cases are handled in accordance with law and in a fair,just manner,thus avoiding the occurrence of miscarriages of justice.