死刑复核程序中辩护权的现状与未来

死刑复核程序是最高人民法院、高级人民法院对于死刑立即执行案件、死刑缓期两年执行的案件进行审查核准所遵循的一种特别审判程序.我国死刑复核程序的现行法律规定虽有所进步,但其中的辩护权部分内容简单,不易操作,以致在司法实务中出现一些钻法律漏洞侵害被告人辩护权的现象.为最大限度保证死刑判决的准确性和公正性,使死刑复核程序应有的功能得以有效发挥,应当为辩护方在死刑复核程序中行使辩护权设置相应的配套制度和程序规则.

The Current Situation and Future of Rights to Defense in the Procedure for the Review of Death Sentences

The procedure for the review of death sentences is a special trial procedure that Supreme People＇s Court and Higher People＇s Court must follow when examining and approving the cases of immediate execution of death penalty and the cases of death penalty suspended for two years. Despite its progress in recent years, there are still some defects in the ex- isting legal provisions about the review procedures of death penalty in China, the part about right to defense in particular, be- cause it is so simple but not easy to operate that it results in some legal loophole infringing the right of defense in judicial practice. In this sense, in order to maximize the accuracy and fairness of death sentence and maximize the function of review procedure for death penalty, some appropriate supporting systems and procedural rules must be set for the exercise of de- fendant＇s right to defense in the review procedure of death.