论死刑适用条件的明确化

限制死刑适用成为法学界、司法实务界的共识,最高法院收回死刑核准权无疑是限制死刑适用最重要的措施。但还必须对死刑适用的条件进行明确化,才能真正使死刑适用扩张的势头得到遏制;死刑适用条件明确化不仅是必需的,而且是可能的,其方法包括司法解释、判例指导、学理解释等。

On Definition of the Applied Condition in Restricting Death Penalty

Restricting the application of death penalty has become the common understanding in the field of law and legal practice.Undoubtedly,the Supreme Court recalled the power of examination and approval on death penalty is the most important measure of restricting death penalty.However,only with the help of the definition of the applied condition,can we contain the expansion of the application.The definition of the applied condition on restricting death penalty is not only necessary but also possible,the ways of which include the interpretation of legal performing,the instruction of cases,the explanation of scientific principle,etc.