死刑論

Abstract

The capital punishment is the oldest and severest penalty in the criminal law. In the ancient time, the capital punishment was classified into different degrees according to the evil of the criminals. However, thirty-five countries in the world have abolished the capital punishment nowadays. How the capital punishment is implemented in the Republic of China is of great importance and worthy of our attention. This article starts describing the transition of the capital punishment from a historical perspective. It is followed by an introduction of our criminal law, and how the capital punishment is executed. Also provided are the current legislation trend in other countries, the theoretical controversy on the abolishment of the capital punishment, and a brief in-troduction to th substitute system for the capital punishment. Hopefully, the readers can quickly get an overview of the execution of the capital punishment in our country and grasp the whole picture of the future trend. In so doing, we can have recommendations for the policy of punishment so that our punishment system can be designed in the hope that there will be no punishment as a deterrent.