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对死刑二审案件进行开庭审理,是严格执行刑事诉讼法、落实人民法院“二五”改革纲要的重要举措,是完善死刑案件审判程序、保证死刑案件审判质量的必然要求。死刑案件二审开庭审理有利于依法准确惩罚犯罪,有利于加强司法领域的人权保障,有利于从制度上保证死刑判决的公正和慎重。从最高人民法院作出对死刑案件二审开庭审理的要求以来,经过半年多的实践,取得了明显的成效,但也存在一些不容忽视的问题。本文着重从死刑案件二审开庭的审判环节现状及如何解决谈点体会。现状一:部分法官对死刑案件二审开庭审理工作的重要性和必要性认识不够。
The trial of the death penalty second instance trial is an important measure to strictly enforce the criminal procedure law and implement the “25” reform outline of the people’s court. It is an inevitable requirement for improving the trial procedure of death penalty cases and guaranteeing the trial quality of death penalty cases. The trial of the second instance in the death penalty case is conducive to accurately punishing the crimes according to law, is conducive to strengthening human rights protection in the judicial field, and is conducive to ensuring the fairness and discretion of the death penalty judicially from the system. Since the Supreme People’s Court made the request for the second instance trial of death penalty cases, it has achieved remarkable results after more than six months of practice, but there are also some problems that can not be ignored. This article focuses on the status quo of the trial session of the second instance trial of death penalty cases and how to solve the problem. Status quo: Some judges have not got enough understanding of the importance and necessity of the second instance trial of death penalty cases.