试论死刑的存废及我国刑罚体系的完善

On Conservation and Abolition of Death Penalty and the Perfection of the Present Penalty System in Our Country

废除或者严格限制死刑的适用已经成为世界性潮流。但是我国在短时期内废除死刑的条件还不成熟。为了适应新形势需要、打击犯罪,有必要对我国现有的刑事惩罚体系进行改革。应在保留死刑的基础上严格控制死刑的使用,真正发挥死刑的震慑作用;对已不能适应新形势需要的死缓制度加以废除;完善对无期徒刑的使用;提高执法水平,使刑罚的威慑力真正落实到位。

It has been a fashion worldwide to abolish or limit the adaptation of death penalty. However, the condition in China is still limited to abolish it in a short time. It is necessary to reform the present criminal penalty system in China to suit the new situation and punish the criminals. We should limit the adaptation of death penalty on the basis of conserving the system tion for its inadaptability, perfect the adaptation of its deterring power to full play. to bring it into full play, abolish the system of stay-of-execution for its inadaptability, perfect the adaptation of life-imprisonment, and improve the execution of law to bring its deterring power to full play.