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死刑二审上诉案件开庭审理,检察机关介入死刑二审案件,强化对死刑二审案件的法律监督,对于准确惩罚犯罪、加强刑事司法领域的人权保障,确保死刑案件办案质量起到了积极的作用,但同时在办理与监督的实践过程中也发现了很多问题,究其根源,有现行法律规定不明确、也有司法机关对刑事政策理解的偏差。本文对其中的有关法理问题进行了一些探讨,以期对死刑二审上诉案件的办理与监督实践有所裨益。
The second instance of death penalty appeals trial, the procuratorial organs involved in the death penalty second instance cases, strengthen the second instance of death penalty supervision of the law, accurate punish the crime, strengthen the protection of human rights in criminal justice field, to ensure the quality of death penalty cases played a positive role, but at the same time There are also many problems found in the process of handling and supervising. The root causes of the problems are that the existing laws and regulations are not clear, and there is also a discrepancy in the judiciary’s understanding of criminal policies. This article has carried on some discussion to the related jurisprudence issue in the hope that it will be helpful to the handling and supervising practice of the second instance appeals death penalty.