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死刑,是指剥夺犯罪人生命的刑罚,是刑法所规定的刑种中最为严厉的,也称极刑。我国立法一方面将死刑作为惩治犯罪的有力武器,另一方面也强调要严格控制死刑的适用。死刑复核程序就是慎用死刑在程序法中的体现。本条规定了死刑复核权专属于最高人民法院。这里的“死刑”指的是死刑立即执行,不包括死刑缓期执行。死刑立即执行由最高人民法院核准,其他法院均无此权。
Death penalty refers to depriving criminals of the penalty of life, which is the most severe punishment type stipulated in the criminal law and is also called death penalty. On the one hand, our country’s legislation takes the death penalty as a powerful weapon to punish crimes, and on the other hand, it emphasizes that we should strictly control the application of the death penalty. Death penalty review process is to be used with caution death penalty in the procedural law. This article provides for the death penalty review right exclusive to the Supreme People’s Court. Here “death penalty” refers to the execution of the death penalty immediately, does not include the execution of the death penalty suspended. The death penalty immediately executed by the Supreme People’s Court for approval, the other courts have no such right.