摘要
我国的死刑制度亟需朝着严格限制、逐步减少的方向改革。我国现阶段死刑制度的改革面临四大难题:一是国内外尤其是国内的重大社会环境条件尚不充分;二是立法方面存在死刑罪名过多、刑罚体系严重不协调等问题;三是司法方面还缺乏限制死刑适用的规则,死刑核准权收回后的成功运作还面临着重重困难;四是我国崇尚死刑报应的观念根深蒂固,社会各界的死刑观也不尽相同。针对上述难题,论文提出并论证了我国死刑制度改革的五项对策、建言。
The death penalty reform of China is in urgent need to regenerate with the direction of close restraint and progressive decrease. There lie four great difficulties faced with the death penalty reform at the present stage of China： Firstly, the significant conditions of social circumstance at home and abroad have not been filled with, especially the internal conditions;Secondly, with too many problems in the legislation, the death penalty crimes appears more and the penalty system shows less incongruity; Thirdly, because the regulations of restricting the death penalty are absent in the juridical practice, the power of approving the death penalty has more difficulties in the way of the success after its recovery;Fourthly, the veneration for the retribution of death penalty is deep-rooted in Chinese people and the conception of the death penalty varies according to the different people. Directed towards the above problems, this article expounds and proves the five-term countermeasures and propositions.
出处
《中国法学》
CSSCI
北大核心
2007年第2期3-16,共14页
China Legal Science
