我国死刑制度重刑化倾向及原因分析

我国 1 997刑法典仍存在重刑化倾向 ,表现在 :控制死刑适用未有重大突破 ,死刑罪种没有大幅度削减 ,绝对确定的死刑规定有增无减 ,死刑量刑幅度过大。我国刑法中死刑过多 ,与国际轻刑化趋势不相符合 ,不利于我国刑罚目的的实现 ,死刑不仅有较大的副作用还可能在刑事诉讼上造成难以弥补的损失。我国死刑居高不下的主观原因有封建重刑思想、传统价值观和刑罚观的影响 ,现阶段我国经济不发达、社会治安状况严峻和刑事立法体制的制约是其客观原因。

An Inclination of Severity in Punishment in the Death Penalty of Our Country and its Cause Analysis

There still exists an inclination of severity in punishment behind the Criminal Law of the People's Republic of China issued in 1997, which can be seen from the following aspects: none of break-through in controlling of death penalty application; none of dramatic decrease of classes of death penalty; increase of stipulations involving absolute deterministic death penalty; too big measurement range of death punishment. The excessive death penalties in the criminal law of our country does not conform to the international trend of lighter punishment and does not facilitate the achievement of the goal of criminal punishment. Death penalty not only has a rather big side effect, but also may cause uncomensable losses in criminal litigation. The subjective reason of the higher rate of death penalty lies in the feudal thought of severity in punishment, influence of traditional values and concept forwards criminal punishment. While the under-development economy, the severe situation of the social security, and constraint of criminal legislation institution constitute the objective ones.