死缓应当作为死刑执行的必经程序

判处死刑缓期二年执行,是具有中国特色的“少杀慎杀”制度。现行死缓制度是对中国古代“少杀慎杀”思想的扬弃,在新的时代背景下具有了新的价值。在理论上具有概念的扩张作用,折衷作用,体现双重刑罚目的作用;在实践中,具有培育适度死刑观念,贯彻“少杀”政策,真正做到“少杀”的作用。将死缓作为死刑执行的必经程序是全面废除死刑的必要准备,符合国情的需要和刑罚理性发展的趋势。

Death Sentence with a Two-Year Reprieve Shall Be an Inevitable Due Process

Death sentence with a two-year reprieve manifests compicuously the legal system specified with Chinese characteristics——killing as few as possible or killing as precautiouly as possible. The existent system of death sentence with a two-year reprieve is actually sublated from that of ancient China while taking on new value in the new epoch. The denotation of its concept has been theoretically given the following functions: that of expansion, of compromise as well as of dual criminal punishment. In practice, it conceives the idea of restricting death penalty into rational extent while the policy of “killing as few as possible”being carrying out until the said policy is really in operation. Taking death sentence with a two-year reprieve as an inevitable process in execution of death penalty into considerations a necessary preparation for complete abrogation of death penalty, which tallies not merely with the specific social status quo in China but also with the developing tendency of the criminal ration.