自18世纪意大利刑法学家贝卡利亚提出废除死刑的主张以来,国内外学者就开始了死刑废止的争论。当前国际上废除死刑已经成为了一种潮流。从系统论出发,为了能使我国刑罚体系的功能达到最优,从而使得我国的法治文明向前推进,废除死刑是完善我国刑罚体系的必然选择。 Since the proposition of the abolition of death penalty put forward by Italian criminal law scientist Beccaria in the 18th century, domestic and foreign scholars began the debate on the abolition of the death penalty. At present, the abolition of the death penalty has become a trend in the world. Starting from the system theory, in order to make the function of our country’s penalty system reach the optimal, so that the civilization of rule of law in our country advances, abolishing the death penalty is the inevitable choice to perfect the penalty system in our country.