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我国立法确立了以检察院作为监督主体的死刑执行监督机制,在内容上包括执行前、执行中和执行后监督,但存在监督主体单一、监督权行使不规范、对“临场监督”的定位不够明确等诸多不足。因此,应该增加死刑执行监督主体,完善立法以规范监督权力的行使,进一步细化“临场监督”的规定等解决对策。
The legislation of our country has established the supervision mechanism of death penalty execution with the procuratorate as the main body of supervision. The contents include the supervision before execution, during execution and after execution, but there are two main bodies, one is the supervision body, the other is the non-standard exercise of supervision authority and the positioning of “spot supervision” Not clear enough and many other deficiencies. Therefore, we should increase the main body of the death penalty execution supervision, improve the legislation to regulate the exercise of the power of supervision, and further refine the provisions of “spot supervision ” and other solutions.