论中国死刑的保留与限制及其对故意杀人罪的适用

死刑问题不是一个纯粹的刑法问题 ,死刑的存废取决于主导性社会观念的支持。在中国刑法理论界 ,虽未一般地将废除死刑作为自己的目标 ,但严格限制死刑的适用却一直是中国刑法界的态度。现行中国的刑事法律从适用对象、适用程序和死缓制度三个方面来严格限制死刑 ,故意杀人罪是当今中国刑法中死刑的主要适用对象。

On Reservation and Limitation of Capital Punishment in China and its Application to Crime of Intentional Homicide

The issue of capital punishment is not an absolute criminal law issue. Whether to reserve or to revoke capital punishment depends on the support of the dominant social concepts. In the theoretical field of criminal law in China, though revoking capital punishment has not been regarded as an aim in general, imposing strict limitation on the application of capital punishment has always been the attitude possessed by the field of Chinese criminal law. The existing criminal laws in China have imposed strict restriction on the three aspects such as objects of application, procedure of application, and the system pertaining to death sentence with a two year reprieve. Intentional homicide is the major object of application of the capital punishment in current criminal law.