死刑存废是中国社会主义现代化刑事法制发展过程中必须要正视、不容回避的问题。在当今中国社会,关于死刑存废的争鸣已经展开。有学者提出,目前在中国死刑存废问题上应该采取的对策是:通过完善刑事立法和司法的方式努力减少与限制死刑,而本文认为“被害人宽恕”的考虑是实现这一对策的良好途径,将“被害人宽恕”作为量刑情节既有利于弘扬社会善良美德又有利于推进和谐社会的构建。 Existence or abolition of the death penalty is an issue that must be faced with and can not be avoided in the development of China’s socialist modern criminal legal system. In today’s Chinese society, the debate about the death penalty has already started. Some scholars have suggested that at present the countermeasure that should be taken in the issue of the death penalty in China is to make efforts to reduce and restrict the death penalty by improving the criminal legislation and judicature, and this article considers that the consideration of “victim forgiveness” is a good measure to realize this measure The way, using “victim forgiveness” as the sentencing plot is not only conducive to carrying forward the virtues of the good and the good but also conducive to the construction of a harmonious society.