论现行死缓制度与清代死刑监候之不同

Supervise Difference between the Present Death Sentence with a Reprieve System and Qing Dynasty Death Penalty

死缓制度作为新中国的一种独创,历来是学界讨论的一个焦点。在以往的研究中,有的学者认为明清的朝审和秋审是现行死缓制度的萌芽形式,也有的误将二者等量齐观。然而,在大量占有材料的基础上,经比较分析,我们便会发现它们本质的不同。

The death sentence with a reprieve system took the new China＇s one kind of original creation, always is an educational world discussion focal point. In the former research, some scholars thought Ming and Qing Dynasties＇ dynasty examines with the autumnal review of provincial death sentences is the present death sentence with a reprieve system seed form, also some equates by mistake the two. However, in holds in massively the material foundation, after the comparative analysis, we then can discover their essence the difference.