The Retrospect And The Development Of The Existence And Abolishment For Death Penalty In The People's Republic Of China

Death penalty is one of the most important punishment among many countries penalty system has a long history. Since the slave society, death penalty has been growing and perfected as the Chinese genealogy of low discovered. The legislation system called"Dharma fit"and the objective effect of safeguarding feudal governance, the death penalty becomes unshakable in law system from every dynasties of China. And it's astonishing in the wide, frequently and cruel using of the death penalty. However, as the development of the society, many new kinds of criminals have been born, then the deterrents force and anticrime-effect of the death penalty. Begins salling far behind from our expectations that the exposure of the disadvantages of the death penalty manifests itself, making more and more scholars from China or abroad claim to abrogate it.It's the fact that China has many crimes end up in death penalty, but it's unrealistic and perfunctory to deal it with abrogation. Today, our policy has become from taking measures against criminal activities into tempering justice with mercy. The major event in 2011 in the field of criminal laws is the promulgation and implementation of AmendmentⅨto Criminal Law of the People's Republic of China. And the abolishment of 13 death penalties becomes the highlight in this amendment. It is the very first time to cut down the death penalties since the foundation of the People's Republic of China. Without doubt, it has caught the eyeballs from different fields. It is also a very good response to the lasting debate over the existence and abolishment for the death penalty in China. This thesis choose the debate over the existence and abolishment for the death penalty in China as the starting point, focusing on the AmendmentⅨto Criminal Law of the People's Republic of China, adopting the methods of induction, analysis, comparison and summary. While looking back on the evolution of the death penalty in a systematic way and analyzing the current status of the existence and abolishment of the death penalty against the international trend and the evolution of the legislation of the death penalty in China, the author elaborates on the idea that it is possible to modify and abolish death penalty in a gradual way. In order to analyze the underlying background of the existence and abolishment of the death penalty in China and the future trend of the death penalty in China in an all-sided and reasonable way, the structure of this thesis is as follows: The fist part is introduction. In introduction, the author mainly focuses on the background and the significance of the topic.Chapter One focuses on the evolution and the international overview of the death penalty. In this chapter, the author discusses the history of the death penalty and the gradual abolishment of the death penalty in the international society. Since the birth of the death penalty, it becomes the most effective penalty to frighten the criminals. We can never overlook its contribution in punishing the criminals and reducing crimes. As Beccaria, come out, people began to explore the disadvantages of death penalty,As the notion of human rights takes roots in many people's heart, some countries begin to abolish the death penalty. The international society has also called on countries in the world to abolish the death penalty through treaties and human rights movements.Chapter Two is about the current status of the existence and abolishment of the death penalty in China. In this chapter, the author discusses the evolution of the legislation of the death penalty and the current status of application of the death penalty. After the foundation of the People's Republic of China, due to the social atmosphere and the heavy penalty in Chinese history, the death penalty became an indispensible part of penalties. However, with the deepening economic reform and the booming market economy, China has risen on the global stage. The application of the death penalty in China becomes a delicate issue, especially after China signed the International Covenant on Civil and Political Rights. Discussion in the criminal law fields on the existence and abolishment of the death penalty becomes heated.Chapter Three focuses on the modification of the death penalty in China in AmendmentⅨto Criminal Law of the People's Republic of China. In this chapter, from the perspective of the criminal law system, by comparing what has been amended, the author analyzes the modification of the death penalty in the criminal law system and the push for the abolishment of the death penalty. The AmendmentⅨto Criminal Law of the People's Republic of China cuts down 13 the death penalties is undoubtedly under the policy of"temper justice with mercy"in an effort to perfect our criminal law system—making it more scientific, more systematic, to finally realize the goal of the most appropriately. The Amendment to Criminal Law of the People's Republic of China marks the death penalty reform is on the agenda in China. In what ways should the reform to be carried out is the topic to be discussed.Chapter Four discuses the existence and the abolishment of the death penalty in China. In this chapter, the author adopts the methods of summary and comparison and elaborates on the trend and implementation of the death penalty in China and the realization of abolishment of the death penalty in China. The abolishment of the death penalty cannot be done in one day. The reform of the death penalty has a lot to do with the improvement of criminal penalties and executions. Therefore, this thesis comes up with the idea of improving the death penalty in a gradual way to go with the actual situation in China.In conclusion, this thesis, from the perspective of the history of the death penalty, with the method of comparison, makes a sketch of the significance of the death penalty reform to the criminal law legislation and judiciary in China. Taking the current criminal policies into consideration, the author further summaries the trend of the death penalty in China and there is still a long way to go.The author hopes the retrospect and the discussion on future trend will be helpful to the death penalty reform in China.