试论死刑的主体条件设置

Formation of Subject Conditions of Death Penalty

死刑主体的条件设置在死刑制度中非常重要 ,如果死刑主体适用范围减少 ,死刑总量自然减少。我国刑法已明确规定对未成年人和怀孕妇女不适用死刑 ,但对老年人、妇女、精神病患者、生理有缺陷者及智力低下者等弱势群体的死刑适用问题还未涉及。鉴于对老年人、妇女、精神病患者、生理有缺陷者及智力低下者施以人道主义关怀 ,应减少对他们的死刑适用量 ,甚至不适用死刑 ,以更好地体现刑罚的谦抑性 ,也减少了死刑总量。

It is very important to format subject conditions of death penalty since the total number of death penalties will decrease if their subjects reduce in scope. China's criminal law has definitely stipulate that the juvenile and pregnant woman are exception of death penalty, however, death penalty doesn't involve many be-looked-down group such as the aged, woman, mental patient, physiological defector and mental retard man. Owing to humanism cares to these persons, the text suggests to reduce or remit death penalty to them for showing punishment tender character better and also reducing amount number of death penalties.