“最严重的犯罪”与死刑的严格限制——兼及“死刑和解”的误区矫正

‘The Most Serious Crimes' and Severe Restriction on Death Penalty

"最严重的犯罪",引发了国际社会关于死刑适用标准的多重解读,该国际标准的从严解释有助于严格限制死刑和充分保障生命权。但死刑的严格限制,并非等于死刑判决或执行的数量减少,而实为基于从严标准的"少杀、慎杀"。因此,我国亟待矫正误区、对死刑案件不得和解,而应依法通过"曲线救国"方式,严格限制死刑,保障法律正义。

＇The most serious crimes＇ have caused various interpretations on the applicable standards of the death penalty in the international community, of which a strict interpretation contributes to strictly limiting the death penalty and fully protecting the right to life. However, severe restriction on the death penalty is not equal to the decreasing number of death sentences or executions, but actually means ＇less and prudent killing＇ on the basis of the strict standard. In recent years, some courts mistakenly believe that ＇settlement on the death penalty＇ is a good way to effectively control the exe- cution, but this might go against the idea of justice. Hence, it is essential for China to correct errors and not to make reconciliation in death penalty cases, but should slrictly limit the death penalty and protect legal justice, in accordance with law by indirect means.