The Death Penalty Is Reserved Or Cancelled With Our Country's Rational Choice

About the death penalty of constitutionality problem, has long been the focus of theory and people, also is the key, all previous criminal law revised newly published the amendment of criminal law (8) ", let this problem once again become a social focus of concern. Long-term since, although the death of constitutionality problem is still debate, but with the continuous development of society, the public law consciousness gradually strengthened, the international community has been common in reached a consensus, namely to abolish the death penalty is the inevitable requirement of social development. The death penalty in our country with a long history, and the existence of our country's criminal legislation is still exist in the death penalty, the death penalty is the deposit is waste in our country appear particularly intense debate, in this case, our country's criminal legislation on the death penalty, not just holding the attitude in mass and the theory of social common topic, the world's criminal legislation will have far-reaching effects. So in the course of social development, how to rationally choose, can cause the death penalty system in our country receive the reasonable apply? This is worth us deliberate problems, so the author proposes the thesis theme. Combining the amendment of criminal law (8) ", mainly from the death penalty against the constitutionality of legislation in China with the death penalty is divided, emphasizes the status quo and the death penalty law reform Suggestions how to explain the three aspects in our country the death penalty for rationally choose.