死刑是剥夺犯罪人生命的最严厉的刑罚,具有不可逆转性,因而,死刑适用是刑罚裁量的重中之重。2007年1月1日,死刑复核权全面收归最高人民法院统一行使,在程序上最大限度地确保了死刑慎用和公正性。但面对复杂的刑事司法活动,对司法裁量者,死刑适用的实体标准的明确与统一尤显重要,以致对相同或者相似的刑事案件,在死刑适用上持有基本相同的态度,避免对明显 Death Penalty is the strictest penalty to deprive criminals of their lives and is irreversible. Therefore, the application of death penalty is the most important penalty. On January 1, 2007, the right to review the death penalty was fully resumed by the Supreme People’s Court for its unification and exercise the maximum application of the death penalty with due care and fairness in procedure. However, in the face of complicated criminal justice activities, it is particularly important for the judicial discretion and the solidarity and unity of the substantive standards to be applied to the death penalty so that the same or similar criminal cases hold the same attitude in the application of the death penalty and avoid obvious