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死刑制度在我国有着漫长的历史发展过程,在这个过程中死刑制度有着其自身的演变规律,它的演变规律也是客观存在的。然而死刑直到今天仍然适用于我国而不被废止,那么它就必然有它存在的合理性,但也有一些部分需要根据时代的变化和发展进行调整,这也正是本文要解决的问题。本文通过对我国死刑制度产生的渊源和新中国成立后的死刑制度进行全面的介绍,以期更清楚的了解我国死刑现如今的生存状况。透彻、细致的剖析我国程序法和实体法上死刑制度的问题以及立法和实践中如何完善死刑制度进行了一些有益的思考和建议。
The death penalty system in our country has a long process of historical development. In this process, the death penalty system has its own evolution law, and its evolution law also exists objectively. However, the death penalty still applies to our country without being abolished until today, so it must inevitably have its rationality, but there are some parts that need to be adjusted according to the changes and development of the times. That is exactly the problem to be solved in this article. This article gives a comprehensive introduction of the origin of the death penalty system in our country and the death penalty system after the founding of new China in order to get a clearer understanding of the living conditions of the death penalty nowadays in our country. Thorough and meticulous analysis of China’s procedural law and substantive law on the death penalty system as well as legislation and practice how to improve the death penalty system made some useful ideas and suggestions.