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全国人大常委会2月25日表决通过了刑法修正案(八),由于这次修改的条款比较多、内容比较重要,引起了社会的高度关注。刑法修正案(八)做了两个加法和两个减法,两个加法是增加了醉驾和恶意欠薪两个罪名,两个减法是取消13个罪名的死刑和75岁以上老人可以免死。死刑是人类刑罚史上出现的最早的刑罚种类,在国家和刑法产生之后,它也随之诞生,因此与行法是同时出现的。本篇中作者便主要阐述死刑的历史沿革,如何评价死刑的价值,以及中国刑法的死刑之路。
The Standing Committee of the National People’s Congress voted on February 25 to pass the amendment to the Criminal Law (8). As the provisions of this amendment are more numerous and the content is more important, it has aroused great concern in the society. The amendment to the Criminal Law (viii) made two additions and two subtractions. The two additions increased the charges of drunk driving and malicious wage. The two subtractions were the abolition of the death penalty of 13 counts and the death of an elderly person over the age of 75. The death penalty is the earliest type of punishment that appeared in the history of human punishment. After the birth of the state and criminal law, it also came into being. Therefore, death penalty coincides with the law of execution. The author of this article mainly elaborates the historical evolution of the death penalty, how to evaluate the value of the death penalty, and the death penalty of Chinese criminal law.