中国古代死刑以残酷著称,但是在儒家文化中“先教后诛”思想的影响下,死刑制度中也存在以死刑复核、存留养亲、赦免和秋冬行刑制度为代表的具有人道主义精神的内容,在仍不能轻易废除死刑的当下,这些内容对于我们构建死刑制度具有十分重要的借鉴意义。 In ancient China, the death penalty was known as brutal, but under the influence of the thought of “preemptive teaching and subsequent punishment” in the Confucian culture, there is also a humanitarian spirit represented by the death penalty review, stay-and-raise, pardon and autumn and winter execution system At the moment when the death penalty can not be abolished easily, these contents are very important reference for us to construct the death penalty system.