我国死刑配置的刑罚价值分析

Analyzing China's death penalty with Penalty value

长期以来,我国刑法对犯罪的打击力度一直过于强硬,在我国现行刑法当中,某些犯罪仍然被视为最为严重的犯罪,配刑制度坚持了"重刑重罚"的原则,最高刑配置死刑。它有偏颇了刑罚正义价值,有悖于刑罚的分配原则,减损了刑罚功能,模糊了刑罚目的,不符合刑罚人道主义发展的刑事政策。

For a long time, China＇ s efforts to crack down on crime criminal law has been too tough. Under current criminal law, some crimes are still considered the most serious crimes. Setting penalty system has followed the principle of heavy penalties. Maximum penalty is death penalty in our criminal law. It has deviated from the just value of the penalty, reduce the penalty functions and vagued the penalty purpose. It does not meet the development requirements of Humanitarian in the criminal system.