中国刑法死刑过度的立法矫治

从规范的角度考查,我国刑法对死刑采取了总则原则规定与分则具体规定的立法模式.然而,刑法分则在为具体个罪配置死刑中却存在严重的立法精神分离、偏离总则任意配置的问题.抑制中国刑法死刑过度的趋势,必须以恢复刑法精神的契合为切入,确保立法精神在总、分则的贯通,为死刑配置确定科学的适用基准,以此实现立法矫治的目标.

Legislative Rectification to the Death Penalty Overdone in Criminal Law in china

In the opinion of standardization,death penalty is provided in principle in general provisions of criminal law and in particular in specific provisions of criminal law.Legislative pattern mentioned above is adopted in criminal law of P.R.C.However,there are some serious problems departing from legislative intention and general provisions of criminal law in the course of application of criminal penalty on specific crime in the specific provisions of criminal law. To restrain the tendency of excessive death penalty,legislative intention of criminal law should be regained and should be coherent in general provisions and specific provisions of criminal law.Thus,by these above-mentioned methods,we can define scientific standard for application of death penalty and realize objective of legislative rectification.