When we think of “death penalty,” is the image coming to mind the “brutal killer=murderer=he has to die!” or the “poor guy=he is unforgivable=he could only die?” Although the conclusions are the same, the premises of thinking differ to a great extent. The former wipes out humanistic thinking and only cares about the execution of murderer while the justice can be done on victims. Such perspective is the legal thinking on “penalty.” The later cares about “human compassion” and the emphasis lies on the elimination of certain calamity in the world but that “death penalty” serves as the constraints to human life. The existence of “death penalty” symbolizes distrust of all mankind and not just the “someone” needs to be punished because of the brutal attacks. If we seriously review with humanistic perspectives, we will discover the something wrong and “switch of positions.” In the world of humans, everything should be based on “humanism” while laws and criminal laws become secondary to complement the protection of human life and safety. The Taiwan society today has switched the position, clings to “death penalty” and has unfortunately forgotten that there could be possible thinking in humanities to “death penalty”. The paper attempts to “restore” the motivation at the initial founding of “death penalty” because the majority of discussion on death penalty is mixed with too many politically correct or irrational factors putting trends aside. Later, the paper reviews the legitimacy of abolishment to “death penal” with retributivism and human rights in expectation to derive the most deliberate review of humanistic observations.