談加繆廢死觀 ——對於死刑制度改革的探索
DOI:
https://doi.org/10.63944/8t6cza96Keywords:
abolishment of death;leniency of punishment;philosophy of law;CamuAbstract
There are still significant obstacles to the process of abolishing the death penalty in our country. So far, there are generally three schools of thought in China regarding whether to abolish the death penalty. One is conservative, believing that the death penalty has absolute legitimacy and can only be limited but must be retained through necessary restrictions; Another approach is radical. From a utilitarian perspective, the death penalty has not shown marginal benefits beyond other forms of punishment, nor has it achieved individual preventive functions; The third school advocates for the gradual abolition of the death penalty based on the actual situation and cultural traditions of our own nation, and should prolong the process of abolishing the death penalty for ten or several decades. And the Camus discussed in this article is a staunch abolitionist. In his book “Reflections on the Death Penalty,” he discusses, analyzes, and reconstructs the death penalty from social, cultural, and institutional perspectives. These understandings help us further deepen and develop the theory and practice of China’s death penalty reform.