试论我国“死缓制度”的理论基础及其现实价值

On the Theoretical Principle and Real Value of the "The Reprieve System of Death Penalty"

死缓制度是我国的独创,它的理论基础是辩证的哲学理论和慎杀、少杀甚至不杀、防止错杀的刑事政策和刑罚观念。其有利于维护法制的统一和尊严,发展和丰富刑事法学理论,构建社会主义和谐社会和提升中国的国际地位。

The Reprieve System of Death Penalty is a penal system, which was created originally by our country. Its theoretical principles are dialecticalphilosophy theories, the criminal policy and punishment concept of cautious application of capital punishment, reduction of death sentence, prevention wrong death penalty and no death penalty included. This is conducive to maintain the unity and dignity of the legal system, promote and enrich the criminal law theory, constructe the harmonious socialist society and raise china＇s international status.