死刑复核程序有一定价值,但存在诸多弊端。
The procedure for judicial review of death sentence has its value to some extent but it has some defects.
实现形式正义是死刑复核程序的基本价值诉求。
Realizing formal justice is basically pursued in review of death sentences.
或者可参考死刑复核制度,设立认定无限防卫权的复核制度。
Or can consult the death penalty to recheck the system, and establish rechecking the system of affirming the infinite defend power.
死刑复核作为一种程序保证,其目的就在于慎杀、少杀,防止错杀。
As one kind of procedure guarantee, the death penalty reexamines' goal lies in cautious kills, little kills, and prevented wrong kills.
死刑核准权是国家审判权的集中体现,是死刑复核程序的中心问题。
The approval authority of death penalty is the central problem of checking death penalty as well as the central embodiment of the State's judicial authority.
中国死刑复核程序的价值、死刑核准权下放与收回等问题备受学界关注。
Chinese death penalty review procedure values, the death penalty approval authority and the recovery of much academic attention.
就死刑的司法限制而言,主要依靠审前阶段、审判阶段以及死刑复核阶段。
As to the judicial restriction, it lies mainly in the periods of the pretrial, trial and the review of the death penalty.
法学理论界与司法实务界一直以来关于死刑复核权的争议与质疑似乎尘埃落定。
The dispute and oppugn between the law circle and the judicial circle on the checking right of death penalty are apparently concluded.
现行的死刑复核程序是法院主动启动、书面秘密审理的内部程序,未将被告人辩护权法定化。
The procedure for current review of death sentences, actively instituted with secret trial in writing by the court, is the internal procedure without the legalization of defendant's defense.
辩护律师在介入死刑复核程序时,没有法律依据,从而导致律师辩护权在行使和保障机制上的障碍。
The lack of legal foundation of defense counsel in procedure for review of death sentences leads to the obstacles on operation and guarantee of defense of the counsel.
由此可见,死刑复核程序的变化虽然一直处于冲突中,但其变革总是依照社会的客观需求按部就班地进行。
The changes of the procedure for review of death sentence are kept conflicted, but the reform is always according to the social need, which is also the important point when we think about the reform.
1980年以来,部分死刑案件核准权被下放使死刑复核程序名存实亡,立法上的疏漏和诉讼构造的缺失造成死刑复核程序难以起到最后的程序保障作用。
Since 1980, the authority to approve their own death penalty decisions has partly been given to local courts, so procedure for judicial review of death sentences exists in name only.
州长们必须复核每一个死刑定罪,他们也变得越来越犹豫。
Governors, who must review every capital conviction, are also becoming hesitant.
州长们必须复核每一个死刑定罪,他们也变得越来越犹豫。
Governors, who must review every capital conviction, are also becoming hesitant.
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