死缓发端考

An Exploration on the Incipiency of the Capital Punishments' Probation

死刑缓期二年执行是我国独有的一项刑罚制度,在中华人民共和国新旧刑法典中均有明确规定。死缓作为一种思想和制度,究竟起源于何时何处,一直为学界所关注。通过从卷帙浩繁的古今中外典籍中查找有关记载,并结合当时的社会环境,进行实证分析,证明死缓设想系托马斯·莫尔于16世纪最先提出,死缓制度则确立于我国20世纪50年代。

Two years, probation to execute capital punishment is an original and peculiar system of penalty on execution in our country . It has been clearly stipulated in old and new penal code of PRC. As a thinking and a system , when and where probation of the capital punishment was originated has always been concerned by theorists . After having looked up a great deal of material in different period from China to foreign countries and practically analyzed under the background of those days , the author has proved that the thinking of probation of the capital punishment was formulated by Thomas More in 16th century. And the system was set up in our country in 1950s.