为了防止错杀、慎用死刑而实施的死刑二审开庭审理制度并没有涉及一审后被告人不上诉及检察机关未抗诉的情况,易造成对被告人权利保障不力。应建立省级检察机关和辩护人介入死刑复核制度及相关程序,并在立法上确立强制上诉制度。 In order to prevent wrongdoing, the system of death penalty execution with caution is not involved in the trial of the second instance court after the first instance. The defendant did not appeal and the procuratorial organs did not protest. It is easy to cause the defendant’s rights to be protected poorly. At the provincial level, prosecutors and defenders should be established to intervene in the system of review of death penalty and related procedures, and a mandatory appeal system should be established in the legislation.