死刑废存问题诚然是关于基本人权的重大问题,该问题也涉及到对于“正义”这一基本价值的判断,但在死刑的废除未能通过法定程序上升为国家意志的情况下,似乎限制死刑的适用比“废止死刑”来得更为现实。本文将以此为线索,浅谈死刑保留下的适用限制以及其相关的问题。 It is true that the issue of the death penalty on death penalty is a major issue concerning basic human rights. The issue also involves judgments of the fundamental value of “justice”. However, in the event that the abolition of the death penalty fails to rise to the will of the state through legal procedures, it seems Limiting the application of the death penalty is more realistic than “abolishing the death penalty.” This article will use this as a clue to discuss the applicable restrictions under the death penalty and its related issues.