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死刑核准权回收到最高人民法院已是不争的事实。回收将更加有利于保障人权,实现公正,理顺立法冲突,实现死刑适用标准的统一,贯彻少杀、慎杀政策。但死刑核准权的回收,也必将导致复核时间的延长,影响死刑的威慑预防功能,使犯罪人罪刑不均衡,社会公众付出不必要的情感代价。
It is an indisputable fact that the right of death penalty is authorized to be returned to the Supreme People’s Court. Recycling will be more conducive to safeguarding human rights, achieving fairness, rationalizing the conflict of legislation and realizing the unification of the applicable standards of the death penalty, and implementing the policies of killing less and killing people more seriously. However, the recovery of the death penalty approval power will inevitably lead to an extension of the review time, affecting the deterrent prevention function of the death penalty, making the offender’s crime and punishment unbalanced, and the public paying unnecessary emotional costs.