李昌奎案轰动全国,国人一片喊杀声,这一现象将对于“杀人者死”的传统理解体现得淋漓尽致,同时把死刑的存废问题再一次推上了风口浪尖。本文认为脱离了本土文化妄议死刑存废无异于削足适履,当务之急乃是对中西方死刑存废文化的进行历史溯源,澄清历史本源方能理解国人之心,而体恤国人之心方能引导国人逐步理解和接纳死刑在中国的废除。为此,本文提出一些拙见,以期抛砖引玉之效。 The case of Li Changkui was a sensation throughout the country and the Chinese people shouted loudly. This phenomenon reflected most vividly the traditional understanding of “killing people dead,” and pushed the issue of the death penalty on the cusp again. This paper argues that extricating oneself from the local culture and concluding the death penalty is tantamount to cutting foot and fulfilling. However, it is imperative to trace the history of the death and abolition culture in both China and the West and to clarify the origin of history to understand the heart of the Chinese people. Gradually understand and accept the abolition of the death penalty in China. To this end, this article put forward some humble opinion, with a view to blaze new trails.