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现行死刑执行程序存在诸多不足,检察监督没有发挥出应有效用,问题根源在于人民法院承担死刑执行职能的制度性缺陷。需要改变我国刑事裁判执行体制,重构死刑执行中检察权的行使方式与效用,基本思路是构建检察官指挥死刑执行的监督模式。
There are many deficiencies in the current execution procedure of execution of death penalty, procuratorial supervision has not played its due role, and the root of the problem lies in the institutional defects that the people’s court undertakes the execution of death penalty. It is necessary to change the system of enforcement of criminal judgments in our country and to reconstruct the exercise mode and utility of procuratorial power in the execution of death penalty. The basic idea is to construct a supervision mode that prosecutors direct the execution of death penalty.