【摘要】：一個民族的死刑觀念與其文化對生死的定義密切相關,中國人的殺人償命觀念建立在中國文化對生命的獨特理解之上。受祖先崇拜的影響,生活于祖蔭之下的傳統(tǒng)中國人追求善終,認為遭遇兇死之人將因無法善終而成為冤死之鬼作祟人間,由此,冤魂難眠意識成為中國民眾追求殺人償命的重要動因。在現(xiàn)代中國,善終與兇死觀念的弱化讓中國人的殺人償命觀念呈現(xiàn)出松弛的趨勢,但冤魂難眠意識仍激勵著部分被害人親屬在命案中尋求以命抵命。同時,即便在死刑和解中,殺人償命作為一種基本準則,也仍然是支配性的公正標準。在大多數(shù)民眾仍認可殺人償命的情況下,將死刑廢除或者命案中死刑立即執(zhí)行判決數(shù)量逐年減少作為死刑改革的目標,極有可能因悖離民眾的價值認同而導致法律與社會的斷裂。
[Abstract]:The concept of death penalty of a nation is closely related to the definition of life and death in its culture, and the concept of killing and paying for life in China is based on the unique understanding of life in Chinese culture. Under the influence of ancestor worship, the traditional Chinese people living in the shade of their ancestors pursue good endings and think that those who suffer from ferocious death will become ghosts who die unjustly because they cannot end well. As a result, The consciousness of sleepless soul has become an important motivation for the Chinese people to pursue killing and paying for their lives. In modern China, the weakening of the concept of good death and murder makes the Chinese concept of killing and paying for their lives show a relaxed trend, but the consciousness of sleepless souls still motivates some relatives of the victims to seek to fight for their lives in the murder case. At the same time, even in the settlement of death penalty, murder compensation, as a basic criterion, is still the dominant standard of justice. While the majority of the population still agrees that homicide pays for their lives, the abolition of the death penalty or the reduction of the number of death sentences carried out immediately in homicide cases is the goal of the death penalty reform. It is very likely that the law and society will break because it is contrary to the value identity of the people.
【作者單位】： 西南政法大學人權研究院;
【基金】：國家社科基金重大項目“全面推進依法治國與全面深化改革關系研究”(14ZDC003)的成果
【分類號】：D924.1
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本文編號：2476499