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检察机关对死刑复核程序进行法律监督,是确保死刑案件得到公平公正处理,保障人权的现实需要。但由于目前死刑复核程序本身及执行程序、检察系统内部工作机制等问题未解决,检察机关要切实履行好法律监督职能,困难重重。因此,应当对中国现行的死刑复核程序进行有限度的诉讼化改造,改善检察系统的工作机制,建立有效的死刑复核法律监督制度,让法律监督能够贯穿死刑复核程序的全过程。
The procuratorial organs carry out legal supervision on the review procedure of the death penalty, which is the realistic need of ensuring that the death penalty cases are treated fairly and impartially and the protection of human rights is guaranteed. However, due to the problems such as the procedure of reviewing the death penalty and its implementation and the internal working mechanism of the procuratorial system are not resolved at present, it is very difficult for the procuratorial organs to effectively perform their functions of legal supervision. Therefore, it is necessary to carry out a limited litigation reform of the current death penalty review procedure in China, improve the working mechanism of the procuratorial system and establish an effective legal supervision system for the review of death penalty so that legal supervision can run through the entire process of the death penalty review.