法治视野下死刑执行方式的抉择

The Decision Of Execution Mode Of Death Penalty Under The View Of Law

死刑是一种处罚犯罪人的最高刑罚,我国《刑事诉讼法》第二百一十二条第二款规定:"死刑采用枪决或注射等方式执行。"这样,在我国就出现了两种死刑执行方式并存的局面。然而,这与刑罚的目的、刑法的基本原则以及刑法的谦抑精神是相背离的,从死刑执行方式发展的历史上看也是不符合其规律的。因此,将死刑的执行方式统一于注射成为今后我国执行死刑的必然趋势。

Death penalty is the capital punishment for criminal. Article 212 paragraph 2 of the criminal prosecution law regulates that death penalty could be executed by shooting or injection. In this way, there are two kinds of execution modes of death penalty in China. However, it is against the purpose of punishment, the basic principles of criminal law and the restraining spirits of criminal law. It is also against the regulation of development history of execution mode of death penalty. Therefore, it will be the trend that injection becomes the only execution mode of death penalty.