死刑惩戒的理性思考

The Rational Thinking of Death Renal

现行刑法的突出特点是:明确规定了三个基本原则,即罪刑法定,法律面前人人平等,罪刑相当。现行刑法中有关死刑的立法亦体现了这三个基本原则。死刑的立法是由我国的死刑政策决定的。我国现阶段在死刑问题上坚持的刑事政策是:保留死刑,限制死刑,坚持少杀,防止错杀,这一政策符合我国社会现阶段的实际情况及其发展进步的需要。

The striking feature of present penal code is there basic principles, namely criminals should be judged by law, everyone is equal in law and criminals are equal to each other. There are also show in the legislation of present penal code in relation to death penal, which is deter mined by death penal policy. The criminal policy we hol＇d on the death penal at the present stage are presenting and controlling death penal, no mis conviction and less execution. This policy is fit for thesituation of our country at present stage and the need of development.