晚清的死刑废除问题及其历史借鉴

The Abolition of the Death Penalty in Late Qing Dynasty and Its Historical Reference

死刑废除是晚清法律变革中关注过的一项重要内容。当时在学理上明确提出废除死刑的是陈虬,而在实践中切实主导了死刑制度改革的是沈家本。他们对于死刑废除问题的某些具体见解,比如对被害人及其家属应积极进行经济补偿、普及教化而使全民的道德素养得到普遍提升是废除死刑的必要前提、死刑改革需要循序渐进地推行等,至今仍有一定的历史借鉴价值。

The abolition of the death penalty was an important content ot the tegat retorm which was focused in the late Qing Dynasty. It was Chen Qiu who proposed the abolition of the death penalty in theory explicitly, and it was Shen Jiaben who dominated the system reform of death penalty in practice. Some of their specific views on the abolition of death penalty, for ex- ample, advocated actively to give economic compensation to the victim＇ s home, popularization of education and the national moral literacy promotion was a necessary prerequisite for the abolition of the death penalty, the death penalty reform needed to be pushed step by step and so on, there are still certain historical reference value so far.