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死刑存废之争自贝卡里亚起历经200多年,至今仍然是人们争论的热点。本文对死刑滥用之负面效应和死刑本身之存在合理性进行了合理区分,认为死刑滥用所产生的负面效应不足以成为废除死刑的理由。并从各个角度对200年来死刑存废之争的双方主要争点进行了评析和梳理,得出的结论是死刑必须有限的存在。因为犯罪在人类社会是不可能消灭的,死刑作为人类社会保全自我延续和生存的必要手段,它在特定的盛世可以备而不用,但是绝对不能轻易的抛弃。
The dispute over the death penalty has lasted for more than 200 years since Beccaria and is still a hot topic of debate. This paper makes a reasonable distinction between the negative effect of death penalty abuse and the existence of death penalty itself, and considers that the negative effect of death penalty abuse is not enough to be the reason to abolish the death penalty. And from all angles on the death penalty in 200 years the dispute over the main issues of both sides were analyzed and sorted out, concluded that the death penalty must be limited existence. Because crime can not be eliminated in human society, the death penalty, as a necessary means of preserving the self-continuance and survival of human society, can be prepared for use in a particular era of prosperity. However, it can never be easily discarded.