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　死刑是最严厉的刑罚,中国古代称之为极刑。在中外立法史上,死刑都曾经泛滥一时。随着西方人权理论的提出及人权运动的兴起,死刑和死刑的存废问题成了中外法学界普遍关注和争论的一大焦点。目前,我国虽然还没有形成有关死刑存废的学派对立和激烈的争论,但在死刑的扩张与限制问题上,却存在很大的认识差距与分歧。死刑存废之争至今尚未达成一致的共识。但这一争论本身对世界各国产生了极为深远的影响。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。我国现行刑法中规定的死刑罪名达 70个之多。在这种情况下，如何正确地评价死刑功能，把少杀、慎杀政策落实到司法实践中去，首先是要吃透死刑立法精神，严格掌握死刑的标准，做到慎杀，防止错杀；其次要坚持死缓制度，划清适用死刑与适用死缓的界限，把可杀可不杀的犯罪分子判处死缓，做到少杀，防止滥杀。；；The death penalty is the most severe punishment, the ancient Chinese called the capital punishment. In Chinese and foreign legislative history, the death penalty had flooded temporarily. Along with the western human rights theory and human rights movement, the death penalty and the abolition of the death penalty has become an issue of Chinese and foreign scholars concern and debate on a focus. At present, although our country has not formed the abolition of death penalty in school opposition and controversy, but in capital expansion and limitation of the problem, there is a big gap in understanding and difference. Abolition of the death penalty has not yet reached a unanimous consensus. But the debate itself on the world had a profound effect on. The death penalty is not a purely criminal law, the abolition of the death penalty depends on the support of the dominant social concepts. In Chinese criminal law theory, though not generally to abolish the death penalty as their goal, but strictly limit the application of death penalty has been the Chinese criminal law community attitudes. The current criminal law of our country stipulated the death penalty charge as much as 70. In this case, how to correctly evaluate the function of death penalty, the less kill, kill carefully implement the policy to the judicial practice, the first is to grasp the spirit of the death penalty legislation, strict control of the death penalty standard, be cautious kills, prevented wrong kills; secondly to adhere to the system of reprieve of death penalty, to draw and apply sentenc