中央苏区死刑判决权变动问题探析

다국어 초록 (Multilingual Abstract)

As an important region for the Chinese Communist Party’s early experiments in state-building, the Central Soviet Area witnessed significant institutional adjustments in the allocation of authority over death sentence approval, evolving from decentralized local control to centralized authority and subsequently to a wartime-oriented delegation of power. Prior to the establishment of the Central Soviet Area, the authority to approve death sentences in various revolutionary base areas displayed considerable regional diversity in accordance with local conditions. Following the formal establishment of the Central Soviet Area, such authority was uniformly transferred to state judicial organs, and county-level judicial institutions were deprived of the power to impose death sentences. However, under the mounting pressure of the anti-“Encirclement and Suppression” campaigns, the authority over death sentence approval was subsequently delegated to Soviet governments below the county level. These institutional changes were shaped by multiple factors, including the exigencies of the wartime environment, international influences, and the characteristics of the Soviet legal system itself, all of which collectively contributed to the transformation of the authority structure governing death sentence approval in the Central Soviet Area.

다국어 초록 (Multilingual Abstract)

中央苏区作为中国共产党早期政权探索的重要区域，其法制中死刑判决权的配置经历了由地方分散到中央集中、再到战时适度下放的制度调整。在中央苏区成立之前，各根据地的死刑判决权主体呈现出因地制宜的多样性；在中央苏区正式成立之后，死刑判决权统一收回国家司法机关，县一级司法机关无权判决；但在反“围剿”战争的层层压力下，死刑判决主体又下放至县级以下苏维埃政府。现实环境、国际因素及制度特点等是影响这一变动的现实原因，这几方面的因素共同推动了中央苏区死刑判决权主体的调整。