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中国死刑立法、司法现状与当今国际社会法治发展进步趋势的强烈反差,引发了关于现行刑事法治中死刑配置与适用的深刻反思。刑法学者乃至高层次的实务专家渐趋一致地认为,中国目前应努力减少与严格限制死刑,在未来则一定要顺应国际社会法治发展进步的潮流而全面废止死刑。但是,如何对现行死刑制度进行改革,切实推动中国逐步废止死刑的进程,是值得认真思考和研究的重大课题。为此,本卷特设立死刑专栏,收录了4篇英国、韩国、印度等国知名学者参加北京师范大学刑事法律科学研究院分别于2007年6月和8月主办的“死刑改革的全球考察及对亚洲经验的借鉴——中欧死刑项目启动学术座谈会”、“死刑立法改革问题学术座谈会”所提交的论文,同时也收录了3篇国内学者所撰写的论文,以期对中国当前的死刑制度改革进程有所助益。
The sharp contrast between the death penalty legislation and the judicial status quo in China and the trend of progress in the development of the rule of law in today’s international community has triggered a profound reflection on the allocation and application of the death penalty in current criminal law. Criminal law scholars and even high-level substantive experts have come to the consensus that China should make every effort to reduce and severely restrict the death penalty in the future and must abolish the death penalty in an all-round way in the future in accordance with the tide of progress in the development of the rule of law in the international community. However, how to carry out the reform of the current death penalty system and effectively promote the gradual abolition of the death penalty in China is a major issue that merits serious consideration and research. To this end, this volume set up a special column on death penalty, including 4 well-known scholars from Britain, South Korea, India and other countries to participate in the Beijing Normal University Institute of Criminal Law, respectively, in June and August 2007 hosted the “death penalty reform global study And the Experience of Asia - Lessons from the Academic Symposium on the Start of Sino-European Death Penalty Project ”and the“ Symposium on the Reform of Death Penalty Law ”, as well as three papers written by domestic scholars, with a view to China’s The current reform of the death penalty system is helpful.