一、问题的提出刑罚的人道化是我国当前刑罚制度改革的重要组成部分,死刑制度的改革尤其体现了这一特征。但改革显然只能是渐进式的,而不能一蹴而就。这就涉及一个问题,究竟让谁先享受刑罚人道化的成果?针对这一问题,有两方面的因素在不同的方向上起作用:一面是刑罚正当化的根据,它积极地为刑罚的存在或加重寻找理由;在它的对立面是刑罚的人道化,它在消极的意义上为刑罚的废除或者减轻提供根据。这两种力 First, the issue put forward Humane punishment is the current penalty system in our country an important part of the reform, the death penalty system reform in particular reflects this feature. However, it is clear that the reform can only be gradual and can not be accomplished in one go. This involves a question of who should first enjoy the humane punishment of the results? To solve this problem, there are two factors that work in different directions: one is the justification of penalties, it is actively for the existence of penalties Or aggravating the search for reason; on its opposite is the humane punishment of punishment, which in the negative sense provides the basis for the abolition or mitigation of punishment. These two forces