abstract the death penalty is a penalty for the old system.with the progress of modern social civilization,the argument about the retention or abolition of the death penalty arouse domestic and international concern.now ,because of the restriction of the specific national anditions of china,traditional concept,public opinions,the situation of economy and judiciary,and other factors,it is not feasible to completely abolish the death penalty,but it is feasible and necessary to constantly improve existing death penalty system to meet the development requirements of domesitic and international situation. key word: the death penalty system;abolish;restriction;perfect