在人所拥有的各项法律权力中,生命健康权无疑是其中最重要的一部分,死缓制度与人类生命权息息相关,是各国法律体系中不容忽视的重中之重。但在现实中,法律规范在死缓制度方面的体现并不完善,仍然存在着各种各样的缺陷,严重制约了该制度的运行和发展。近些年来虽然针对死缓制度的课题研究层出不穷,但部分论述存在以偏概全、管中窥豹等明显缺点,需要更多的论述来进行纠正和补充。本文将围绕我国现行死缓制度的应用现状展开论述,就其中立法缺陷进行了分析,以进一步探讨该项制度的完善思路。 Among all the legal powers owned by man, the right to life and health is undoubtedly the most important part of it. The system of death penalty is closely linked with the right to life of mankind, which is the most important task that can not be ignored in the legal systems of all countries. However, in reality, the legal norms are not perfect in the system of death penalty, there are still a variety of defects, seriously restricting the operation and development of the system. In recent years, although the research on the system of death penalty emerges one after another, there are some obvious shortcomings in the part of the argument, such as over simplification and omission. More elaboration is needed to correct and supplement it. This article will focus on the current status of application of the system of death sentences in our country to discuss the defects of the legislation was analyzed in order to further explore the system of ideas to improve.