试析《论犯罪与刑罚》中关于死刑的法律思想

死刑是对犯罪分子最严厉的处罚,也是最古老的刑罚之一,自死刑产生后的几千年,被历代统治者奉为"治国法宝",没有人质疑它存在的合理性."近代刑事法之父"贝卡利来在<论犯罪与刑罚>中最早对死刑的残酷性提出尖锐的批判,由此引发关于死刑存废的争论.本文着重探究贝卡利来主张废除死刑的积极思想,以期对死刑制度进行理性的再反思.

Analysis on the Legal Thoughts on Death Penalty in On Crimes and Punishments

Death penalty is the most severely punishment that deprives of the life of a criminal and it is also one of the oldest punishments. Ever since the death penalty was adopted, for thousands of years, the governors of generations all use it as an important tool in their ruling. No one suspects its reasonableness. Beccaria, the father of contemporary criminal law, is the first one to criticize the cruelty of death penalty in his book , from which the arguments on whether to abolish the death penalty rise.The author of this essay explores the active thoughts in Beccaria's suggestion in abolishing death penalty and hopes to explore the reasonableness of death penalty again.