死刑复核权收回矛盾刍议

本文对死刑复核权回收存在的几个矛盾进行了讨论,提出设置巡回法庭解决大量复核案件,并将全国地理区域合理划分为若干关押死刑复核案件被告人的场所,由巡回法庭前往受理;为防止刑讯逼供的发生,增加被告人申请会见死刑复核案件法官的专门程序,并允许律师充分介入复核程序;大法官人力资源不足,重点可以从资深律师中选任,以延期资深老法官退休时间和再次任用以前退休资深老法官为补充,最后只能极少量的从高级人民法院法官中选任。

General Discussions on the Contradictions of the Retrieve of Capital-Punishment-Reexanmination Power

This article deals with the contradictions in the retrieve of capital-punishment-reexamination power,advocating that Circuiting Court should be established to settle the large number of such cases and national provinces should be reasonably redivided into some areas specially responsible for the imprisonment of such defendants.Special procedures should be added to permit such defendants to interview the Supreme Court Judges in charge of their cases for countermeasuring the inquisition by torture.Meanwhile,lawyers should be allowed to interfere in such process.The resolution of lack of senior judges should lay emphasis on the source of senior lawyers with the supplement of retireness postponement of some senior judges in the SPC and restarting using some retired senior judges as well as a few judges from the Higher People's Court.