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死刑核准权被最高人民法院全面收回并行使,对于严格控制死刑具有特殊的意义。为保障死刑的正确适用,维护司法公正,根据宪法、法律和一般的诉讼理论,检察机关应当介入死刑复核程序,依法履行法律监督职责。检察机关介入死刑复核程序,是其行使法律监督权的必然要求,是其公诉权的必然延伸,能够帮助法院全面了解案件事实,以作出正确的判断。
The right of the death penalty to be reviewed and exercised by the Supreme People’s Court in its entirety has the special significance of strictly controlling the death penalty. In order to ensure the correct application of the death penalty and safeguard the judicial impartiality, according to the constitution, the law and the general theory of litigation, the procuratorial organs should intervene in the death penalty review process and perform legal supervision duties in accordance with the law. Procuratorial organs involved in the death penalty review process is its inevitable requirement to exercise the power of legal supervision, is an inevitable extension of its public prosecutorial powers, to help the court fully understand the facts of the case to make the right judgments.