论刑事司法对死刑适用的影响

死刑的限制与全面废除并不完全取决于民意的走向,也不是哪位政治家一夜的梦想就能够实现的。死刑作为一种既古老而又严厉的刑罚已经在不同的社会、不同的时期因为其特殊的功能而形成一种深深的历史印迹,洗刷这种印迹同样需要一个漫长、艰难的过程,需要一个司法检验立法的过程,以及立法自身完善的过程。

Impact Made by Criminal Justice on Death Penalty

Public opinion could not play an essential role in limiting and abolishing the death penalty.It could not come true over a night's dream of any politician either.As an ancient and cruel punishment imprinting its special effect upon various societies,different eras,and death penalty may need even more tough phases to be abolished fully.In this difficult process,it may be related to the reform of legal system on the one hand;on the other hand it depends particularly on reforming system of criminal law because whenever there is a reform regarding measure of punishment,it will lead to the phenomenon in which sometimes legislations have to be received the test made by judicial practice,and the legislations improved by legislature itself.