Abstract: Two opinions exist in the classical criminal schools in their attitude toward death penalty:to keep it and to rid it.Beccaria and Benthan,in the perspective of social charter and function,regarded that death penalty should be eliminated due to its malpractice,while Feuerbach,Kant and Hegel thought that based on the theories of psychological force,equal-amount punishment and equal-cost punishment,death penalty should be kept.Difference can be seen in their ideas in detail.

Key words: classical criminal schools, view of death penalty, keep, rid, significance