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在西方,自从贝卡利亚1764年的名著《论犯罪与刑罚》出版以来,关于死刑存废的争论就一直没有中断过。发展到今天,虽然主张保留死刑的国家和学者不在少数,但废除死刑已成为大多数国家和学者的共识和追求的目标。我国自建国以来,死刑政策和立法多有变化,理论纷争由来已久,但死刑存废成为刑法关注的焦点也只是早晚的事情。当下中国,大多数认同的都是死刑暂时保留,限制适用,以后逐步废除。本文试图从死刑司法限制的必要性和配套方案做一些粗浅的分析。
In the West, the controversy over the death penalty has not ceased since Bequia’s famous book On Crime and Penalty was published in 1764. Today, although there are a few countries and scholars advocating the retention of the death penalty, abolishing the death penalty has become the consensus and the goal pursued by most countries and scholars. Since the founding of our country, there have been many changes in the death penalty policy and legislation. The theoretical dispute has existed for a long time, but it is only a matter of time before the death penalty becomes the focus of criminal law attention. At present, most of the people in China agree that the death penalty should be temporarily retained and the restriction applied, and then gradually be abolished. This article tries to do some superficial analysis from the necessity and the supporting plan of the judicial restriction of the death penalty.