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虽然韩国立法上死刑罪名多达百余种,但司法中宣告死刑人数较少,最终执行死刑人数更是克制,目前基本形成事实上废止死刑的局面。我国当前在不可能从立法上废除死刑的情况下,应借鉴韩国经验从司法上严格控制宣告死刑与实际执行死刑。死刑司法控制是一种务实、直接的限制死刑途径,中国存在着丰厚的司法控制死刑的支撑资源,司法控制死刑也符合国际公约的宗旨。
Although more than 100 kinds of death sentences have been convicted in South Korean legislation, the number of people who are sentenced to death in the judiciary is relatively small, and the final execution of the death penalty is even more restrained. At present, the death penalty is virtually abolished. In the current situation that it is impossible to abolish the death penalty from the legislation, our country should learn from the experience of South Korea to impose the death penalty and the actual execution of the death penalty from the judicial control. Judicial control of the death penalty is a pragmatic and direct way to limit the death penalty. There is a rich source of judicial support for capital punishment in China. Judicial control of the death penalty is also in line with the purpose of the international conventions.