简论沈家本的废除死刑观

近代著名法学家沈家本在他主持的清末法制改革中,针对中国古代刑罚的残酷、繁多,主张刑罚趋轻、废除酷刑,并形成了自己颇具特色的废除死刑观。沈家本认为,要在中国废除死刑,必须结合中国的国情,走二步废除论之路,即首先减省死刑、死刑惟一;然后在此基础上谋教养、讲道德、废死刑。

On Shen -Jiaben's Thought of Abolition of Capital Punishment

During the reforms of the legal system at the end of the Qing Dynasty, aiming at the cruelty and variety of ancient China's criminal penalties, Shen- Jiaben, a famous jurist, advocated that criminal penalties should be mitigated and brutal punishments be abolished. Gradually, his unique position on abolishment of capital punishment took shape. He believed that the national conditions should be taken into consideration if capital punishment were to be abolished. In his opinion, the abolition should be divided in two stages. First, only one of the many methods of executing criminals should be reserved and the others should be given up. Then based on this achievement, reformation was allowed, morality was proclaimed and at last death penalty was abolished.