论我国死刑制度的实质性改革——以《刑法修正案(八)》削减死刑罪名为视角

The Substantive Reform of Death Penalty in Our Country:According to the Reduction Accusations for Death Penalty in Criminal Law Amendment Ⅷ as Visual Angle

《刑法修正案(八)》的出台引起社会高度关注,因为与以往历次《刑法》修正案相比,本次《刑法》修改可以说是幅度和力度最大的一次。《刑法修正案(八)》的亮点之一就是削减了死刑罪名,由于死刑是剥夺犯罪人生命的刑罚,因其严厉性、残酷性、非人道性和不可纠正性而长期为人所诟病,死刑之存废也是学界一直关注和争论的焦点问题,然而,就我国现阶段而言,对死刑依然保持现状或轻言完全废除都不可取,更重要的应当是在刑事立法和司法适用上对死刑进行有步骤地、渐进式地改革。从此意义上说,《刑法修正案(八)》充分表明我国已进入对死刑的实质性改革阶段。

The promulgation of Criminal Law Amendment Ⅷ have been paid more and more attention by the whole society, because compared with other past criminal law amendment, this amendment of criminal law is maxi mal in scope and potency dimension. One of the highlights of Criminal Law Amendment Ⅷ is reducing accusations for death penalty. Death penalty is a kind of punishment on depriving the offender＇s life, which become an object of public denunciation owing to its severe, cruel, inhuman and irreversible, so there are many arguments about its existing or abolishing for death penalty. However, it＇s desirable to both keep status quo and abolish absolutely, it＇ s prior to reform death penalty in criminal legislation and juridical application. In this sense, Criminal Law Amendment Ⅷ has made it known that our country is entering the stage of substantive reform of death penalty.