近一段时间以来,最高人民法院收回死刑核准权后,如何对死刑案件进行复核成为法学界和实务界讨论的热点。就参与主体而言,人们对辩护方参与似乎没有异议,而对检察机关应否参与死刑复核程序存在重大分歧。笔者认为,参与和公开是实现公正审判的要求,最高人民法院进行死刑复核也不能例外。最高人民法院复核死刑案件,不仅需要辩方参与,同样需要检察机关参与。参与才能公开,公开才能公正。就检察机关参与而言,不仅有利于提 Recently, after the supreme people’s court reclaimed the death penalty’s approval power, how to review the death penalty case has become the focus of discussions in law circles and practice circles. As far as the participants are concerned, there seems to be no objection to the participation of the defense parties, and there are major differences in the prosecutorial organs’ participation in the death penalty review process. The author believes that participation and openness are the requirements of a fair trial, and the supreme people’s court can not be an exception in the review of death penalty. The Supreme People’s Court reviewing death penalty cases requires not only the defense’s participation but also the participation of the procuratorial organs. Participation can be open and open to fairness. As far as procuratorial organs are concerned, they are not only conducive to mentioning