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死刑是意在剥夺犯罪人的生命的一种刑罚。生命被剥夺后的不可恢复性使得死刑作为最严酷的刑罚而一直饱受争议。我国在保留死刑的同时一直坚持“少杀、慎杀”的死刑政策,在刑法上对于死刑也作出了诸多的限制。在实体上的限制主要有死刑的适用罪名、罪行、对象和死刑缓期执行,在程序上的限制主要有死刑审判程序、死刑复核制度和死刑立即执行的监督程序。通过一系列规定对死刑的适用进行了限制,一方面保持了死刑对于犯罪的威慑力,另一方面也能够最大限度上保障犯罪人的合法权益。
Death penalty is a penalty intended to deprive offenders of their lives. The irreplaceability of life after being deprived of it has made the death penalty the most severe penalty and has been the subject of much controversy. While keeping the death penalty, our country has always insisted on the death penalty policy of “killing less, cautiously killing,” and also imposed many restrictions on the death penalty in criminal law. Substantive restrictions mainly include the application of the death penalty, crimes, targets and the execution of death sentences. The procedural limitations are mainly the death penalty trial procedure, the death penalty review system and the immediate execution supervision procedure. Through a series of regulations, the application of the death penalty has been restricted. On the one hand, it has kept the death penalty’s deterrence to crime and on the other hand, it has also ensured the maximum legal protection of the perpetrator.