近一年半以来最高院通过司法解释及文件加强了对死刑案件诉讼程序的重视。鉴于现在死刑复核书面审查的模式缺乏纠错能力和公信力的问题,为了切实保障控辩双方的参与,应当在明确死刑复核程序目的与性质的基础上,弱化对司法资源和效率的考虑,以最大程度实现公正为宗旨,建立由被告选择性提起的死刑案件相对化三审制度。 In the past year and a half since the Supreme Court through judicial interpretation and documents to strengthen the death penalty case proceedings. In view of the fact that the mode of written review of death penalty review lacks the capability of error correction and credibility, in order to effectively guarantee the participation of both prosecutors and defenders, the purpose and nature of the death penalty review process should be clarified and the consideration of judicial resources and efficiency should be weakened to the maximum The degree of realization of justice as its purpose, the establishment of the defendant selectively filed relatives of death penalty cases of third instance system.