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一、导言限制死刑正成为一种全球趋势,据联合国人权事务办公室的报告,截至2012年,世界上近80%的国家已经停止适用死刑。而在仍然适用死刑的约20%的国家中,绝大多数对死刑适用采取了极其严格的要求和标准。[1]我国作为一个死刑大国,每年判处死刑的数量在全球占比很高,大量的死刑案件也已然成为一个极其重要的社会问题。但无论从目前的主流民意,还是从当前社会治安形势来看,立即废除死刑并不现实。[2]由此,如何严格限制死刑适用就是具有重大现实意义的理论和实践问题。[3]
I. INTRODUCTION Limiting the death penalty is becoming a global trend. According to the UN Office of Human Rights, nearly 80% of countries in the world have ceased applying the death penalty by 2012. In countries that still apply about 20% of the death penalty, the overwhelming majority adopt very strict requirements and standards on the application of the death penalty. [1] As a big country with the death penalty, our country has a very large number of death sentences each year, and a large number of death penalty cases have also become an extremely important social issue. However, it is unrealistic to abolish the death penalty immediately, both from the current mainstream public opinion and from the current social security situation. Therefore, how to strictly restrict the application of the death penalty is of great theoretical and practical significance. [3]