The Study About Reserving Or Abolishing Death Penalty And Reasonable Tendency Of Death Penalty

Death penalty is a method of punishment regulated in Criminal law to deprive the lives of offenders because of the serious crimes they have committed. It appeared at later period of primeval society with the emergence of state, and reflected human instinct of revenge. Death penalty has its own features in different development periods of human society.As for the existence of death penalty, people began to suspect the reasonability of death penalty with the civilization development of human society . In 1784 Becalia published Study on Crime Committing and penalty and claimed the abolishment or reserve of death penalty, since then a worldwide and long debate over the abolishment or reserve of death penalty started. The thesis thinks the basic viewpoint of the two contradictory parties are of partial reasonability from their own standpoint, however the abolishment of death penalty is an inevitable outcome of the development of human society and penalty. In fact, with the development of economical. political. cultural fields of society, the development of death penalty gradually emerges feeble and die now. Since the middle of 20c,the International society has adopted a series of international conventions about restricting and abolishing death penalty in order to advance the restriction and abolishment of death penalty .Evidently, the abolishment of death penalty has become worldwide tendency.However, the complete abolishment of death penalty needs necessary material and idea conditions. As for China, the conditions about complete abolishment of death penalty are not mature, from Chinese current political and economical environment. Thus, we should take the abolishment of death penalty into practice step by step .The thesis points out several defects which in the present system of death penalty of our country, and suggest that we should rigidly restrict death penalty in legislative and judicial fields of our country. At the same time, we should actively creat favourable conditions to advance the complete abolishment of death penalty in our country.