试论死刑的价值

The Function of Capital punishment

死刑作为一种与阶级社会相伴生的法律现象,数千年来一直是刑罚体系的重要组成部分。但近两个世纪,死刑存废的论争在全世界刑法学界展开。这一论争的意义已超出了死刑这一刑罚方式本身,其结果势必影响到刑事立法和司法。我国对死刑应予保留,但其适用应予严格限制。

As a kind of law phenomenon coexisting with class society, Capital punishment has always been an important component of penalty system .But in the past two centuries, the debate on the existence or abolish of the Capital punishment has been outspread in the academy of criminal law. The significance of the debate has exceeds the pattern of penalty itself. The consequence of the debate will inevitably influence the criminal law legislation and judicature .We should remain Capital punishment, but its scope of application should be confined.