论文部分内容阅读
控制死刑并最终废除死刑,关系到公民生命权的保护,是人权保护最基本也是最核心的内容之一。随着“国家尊重和保障人权”的规定写入我国宪法,对仍然实行死刑制度的我国来说,死刑制度是否违宪,已经成为一个亟待解决的宪法学问题。废除死刑是世界各国对生命权保护的最终目标,但因各国国情的差异,死刑制度仍然存在于部分国家和地区,特别是在“杀人偿命”的观念根深蒂固的我国。在我国彻底废除死刑制度的条件还不成熟的情况下,更应该在宪法上对控制死刑作出具体规定。
Controlling the death penalty and eventually abolishing the death penalty is related to the protection of citizens’ right to life and is one of the most basic and core aspects of human rights protection. With the provisions of “The State Respects and Safeguards Human Rights” written into our constitution, whether the death penalty system is unconstitutional to our country that still implements the death penalty system has become a constitutional issue that needs urgent solution. The abolition of the death penalty is the ultimate goal of the protection of the right to life in all countries in the world. However, due to the differences in national conditions, the death penalty system still exists in some countries and regions, especially in our country where the concept of “killing people and paying their own lives” is deeply rooted. In our country, the conditions for the complete abolition of the death penalty system are still immature, we should make concrete constitutional provisions on controlling the death penalty.