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自18世纪中叶以来,死刑问题尤其是死刑存废问题历来是法学界争论的焦点之一,且争论至今未有定论。笔者以为,对死刑存废问题不应作极端考虑,尤其是就我国现阶段来说,根本废除死刑与推广死刑均不可取,而应该从理性角度加以深思,探讨死刑存在的价值与局限性。就我国的现实国情而言,死刑的存在是大有必要的,但同时也要限制其弊端,坚持“少杀,慎杀”的刑事政策。本文拟从死刑存废之争开始,结合世界和我国死刑的现状,探讨死刑存在的价值,并进一步提出对我国死刑改革的几点建议。
Since the middle of the eighteenth century, the issue of the death penalty, especially the death penalty has always been one of the focuses of the legal scholarship debate, and the controversy so far has not been conclusive. The author believes that the death penalty should not be considered for the issue of deposit and withdrawal, especially for our current stage, the fundamental abolition of the death penalty and the promotion of death penalty are not desirable, but should be from a rational point of view to discuss the value and limitations of the existence of the death penalty. As far as the reality of our country is concerned, the existence of the death penalty is necessary, but at the same time we must limit its drawbacks and uphold the criminal policy of “killing less, cautiously killing”. This paper intends to start from the death penalty debate, combining the world and the status quo of our death penalty to explore the value of the existence of the death penalty, and further proposed some suggestions on the death penalty reform in our country.