刑法学界关于我国刑罚体系历来流传着“重死轻生”的说法,然而这一说法未尽严谨,且易被公众与司法实务误读。生刑过轻的观点须要作出界定并限于特定情形下使用,这是由于我国刑法制度中多加重犯、多转化犯、犯罪未遂普遍可罚的特点导致许多情形下生刑并不轻。若绝对而片面的强调生刑过轻,则可能产生重刑主义倾向。 Criminal law scholars on the criminal system has always been circulating in our country, “re-birth”, however, this statement is not rigorous, and easily misunderstood by the public and judicial practice. The concept of too lenient punishment of life needs to be defined and limited to use under certain circumstances. This is due to the fact that in China’s criminal law system multiple aggravating crimes, multiple transgressions and attempted criminal offenses are generally punishable, the death sentences are not light in many cases. Absolutely and one-sidedly emphasizing the negligence of life implies heavy penalties.