我国死缓制度分析——以限制死刑为视角-analysis of death sentence system in china - from the perspective of restricting death penalty.docxVIP

第三部分着重阐述我国死缓制度的诸多弊端。主要表现为：死缓适用的前提条件和本质条件不甚明确，需要立法完善；关于死缓考验期内故意犯罪的规定也不够详尽；“重 大立功表现”的规定忽略了“一般立功表现”的积极作用，等等。第四部分得出自己的改革设想。笔者将主要论述死缓制度作为死刑执行的必经程序 的必要性和优势，同时有主张立法规范死缓的适用条件，调整死缓的考验期限和严格控 制死缓变更的适用条件。我国将最终全面废除死刑，这一点是毋庸置疑的。争论的焦点是如何废除的问题： 一为激进的“突然死亡”之路；一为改良的逐步渐进的废除死刑之路。中国废除死刑的 可行之路只能是后者，而笔者认为死缓制度便是那逐步废除死刑之路的过渡和桥梁。关键词：死缓制度；问题；改革设想；死刑废除AbstractDuring the early years of the Peoples Republic ， the great Communists established the system of announcing the death sentence with a two-year reprieve and forced labor, which is short for the death sentence with reprieve. The death penaltywith a reprieve system is an execution system with Chinese characteristics. Practice has proved that the system has objectively played a certain role in reduction of death sentence and cautious application of capital punishment. But today, 80 years later, the total abolition of the death penalty has become a popular international trend. Protection of human rights was also written into the United Nations Charter as early as in 1945. As a big responsible nation, China should follow closely the trends of the world and strictly abide by UN charter. But owing to the special national and historical conditions, immediate abolition of the death penalty is extremely unrealistic. Aiming to further its roles, how to reform and improve the reprieve system, and provide necessary preparations for our final total of abolition of the death penalty becomes a major topic in this paper.In addition to the introduction and conclusion, the whole thesis is divided into three chapters.Part I: Overview of Chinas reprieve system of death penalty. This part is divided into three. Firstly, it elaborates the concept and related features of death penalty with a two-year reprieve and forced labor, which combined with a new introduction of the Criminal Law Amendment (VIII) further discuss its characteristics, in order to figure out a basic problem that what exactly a reprieve system is. Secondly, it discusses the origins of Chinas deat