死刑作为最严厉的一种刑罚手段,在我国的刑罚体系中处于核心位置,但我国在实践适用中却出现偏失。而现如今“宽严相济”的提出,特别是近日“死刑案件适用证据”、“非法证据排除”两个重要文件的颁布,要求死刑在适用上注重死刑适用上的公正性,克服现有死刑适用在实体法和程序法层面的偏失,实现死刑适用的理性回归。 As the most severe means of punishment, the death penalty is at the core position in the penalty system of our country, but our country has some deviations in practice. Today, however, the formulation of “leniency and strictness” has raised the issue of the death penalty in recent years, especially the promulgation of two important documents such as “Applicable Evidence of Death Penalty Cases” and “Illegal Evidence Exclusion” recently , To overcome the existing deviation of the application of death penalty from substantive and procedural levels and to realize the rational return applicable to the death penalty.