刑罚人道主义与我国死刑废止

死刑问题是当今国际社会所共同关注的刑法问题之一,而其受到诘难的重要理由在于其反人道性。本文以“人道主义”为基线和评判标准,从刑罚人道主义、死刑的一般预防目的、刑罚的人道关怀三个方面对死刑进行逐一考察并得出基本结论:死刑是残酷的、不人道的以及蔑视人权的首要刑罚手段,是违背刑罚人道主义的;死刑的适用超过了罪与刑的相当性,一般预防不应成为我国刑罚的目的,更不应成为我国适用死刑的理由;减少乃至废止死刑的适用是刑罚人道关怀的要求。因此,笔者认为死刑有逐出刑罚体系的可能性与必要性。

Humanity in Criminal Law and Abolishing of Death Penalty

Death penalty problem is one of the contemporary punishment problems which shows solicitude for commonly by international community in the present time,the person is depended on the person opposes a humanity but by the important reason why interrogating.The main body of a book take "humanitarianism" as base line and decide a standard,from the penalty humanitarianism ,the death penalty sort prevent purpose,the penalty humanity from showing solicitude for three aspect carrying out the conclusion one by one,inspecting and reaching basic on the death penalty: That the death penalty is cruel,inhuman and shows contempt for first human rights penalty means,is to go against the penalty humanitarianism's;The applied death penalty has exceeded crime and the punishment suitability,the reason is that in general preventing from not responding to the purpose becomes our country penalty,should not become death penalty of our country suitable for use more;Cutting down the request showing solicitude even abolishing the death penalty applying to is penalty humanity.Therefore,the author thinks that the death penalty has the possibility and necessity of being expelled from penalty system.