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我国死刑复核程序目前实行全面审查原则,既审理法律问题也审理事实问题。该原则具有沿用的合理性。事实审查是决定是否核准死刑的前提,在以法律审查为主的代表性国家并不存在片面的法律审查。全面审查原则由我国的阅卷传统和刑事审判方式决定。片面追求避免矛盾上移、片面追求提高死刑复核效率而放弃事实审查,是不可行的。
At present, the reviewing procedure of death penalty in our country implements the principle of overall review, which not only deals with legal issues but also real issues. The principle has the rationality of follow. Factual review is the prerequisite to decide whether to approve the death penalty. There is no one-sided legal review in the representative countries that are mainly legal censors. The principle of a comprehensive review is determined by our country’s scoring tradition and criminal trial methods. It is not feasible to pursue one-sided pursuit of avoiding contradictions and one-sided pursuit of improving the efficiency of the death penalty review and abandoning the factual review.