死刑的制度变迁及历史命运

死刑的发展历程是人类刑罚文明进化史的缩影。古今中外,死刑的变迁经历了从野蛮到文明、从恣意到规范的发展变化过程。无论是欧美、亚洲国家,还是作为文明古国的中国,死刑的正当性都受到过强烈而有力的质疑。但死刑在世界范围内广泛存在及不断消逝的发展趋势表明,死刑的正当性得到了较为广泛的确认,同时因为死刑的残酷性其也正不断受到抑制和消解。我国历次刑法修正案不断缩减死刑罪名,《刑法修正案(九)》明确确立的终身监禁制度进一步压缩了死刑的适用空间。死刑的命运,将会经历一个不断缩减直至消亡的历史过程。

Institutional evolution and historical destiny of death penalty: and on concept of penalty of Criminal Law Amendment(Nine)

The development process of death penalty is the miniature of the evolution of human penalty civilization. At all times and in all countries, the evolution of death penalty experienced a process from barbarism to civilization and arbitrariness to normal. Whether in European countries, in American countries, in other Asian countries, or in China as an ancient civilization, the legitimacy of death penalty has been challenged strongly and powerfully. But the evolving trend of the wide existence and incremental diminishing of death penalty all over the world shows that the legitimacy of death penalty has been widely accepted, and is being refrained and eliminated because of the cruel nature of death penalty. The charge of death penalty is continuously reduced by previous criminal law amendments in China. The application space is further compressed by the establishment of system of life imprisonment in Criminal Law Amendment(Nine). The fate of death penalty will go through a historical process of shrinking and disappearing.