死刑适用标准研究

A Study on Application Standards of Death Penalty

我国现行刑法规定的死刑适用总标准是"罪行极其严重",由于立法的模糊,其在死刑适用的限制上存在着诸多缺陷,比如,在立法方面不能有效限制死刑适用的罪种范围,在司法方面具有重视客观因素而忽视主观恶性和人身危险性等主观因素的裁判导向。为了弥补这一缺陷,应该对现有死刑适用标准进行改革,强化其对死刑的引导和制约,使我国死刑制度既能惩罚犯罪又能充分保障人权。

The current application standards of death penalty stiptdated by Chinese Criminal Law are＂ extremely serious crimes＂ However,there are many defects in the limitation of the application of the death penalty because of vagueness in legislation. For instance,it can not effectively limit the crime types of the application of the death penalty in terms of legislation, and it pays too much attention to subjective factors while neglecting objective factors such as subjective viciousness and personal dangerousness. Therefore, in order to compensate for this shortcoming and make it functional in crime punishment and full protection of human right, it is necessary for us to reform the current application standards of death penalty and strengthen its guidance and constraints of the death penalty.