Ethical Research On The Current Death Penalty System In China

Since Beccaria discussed the injustice of the death penalty in On Crime and Punishment,there has been a long and heated debate about capital punishment debate around the world.With the rise of the concept of human rights in the international arena,an increasing number of countries are calling for the abolition of the death penalty.The founding ceremony of the People’s Republic of China has not abolished the death penalty for more than 70 years,prompting some criticism.China is carrying out the death penalty policy of “cautious killing” and “less killing” through the measures of legislation and judicial control.Most scholars analyze the current situation and characteristics of China’s execution of the death penalty system from the legal level,but few from the ethical point of view.This article mainly analyzes the current death penalty system in China from two angles of theory and reality.First of all,China’s current death penalty system is retained,and in the basic characteristics of the death penalty reservation,through legislation,review and other procedures to strictly implement the death penalty system,show a“Cautious kill” and“Less kill” characteristics.Secondly,starting from the argument about the death penalty from Beccaria,this paper expounds Immanuel Kant and Hegel’s maintenance of the justice of the death penalty,which forms the ethical and theoretical origin of the death penalty reservation.Thirdly,Marxism and Friedrich Engels criticized and inherited the ethical thought of the death penalty from Immanuel Kant and Hegel,and became the theoretical source of the death penalty reservation in China.After that,it traces back the idea of“Cautious killing”and“Less killing”from Chinese traditional culture and expounds the origin of its ethical theory.Then,it analyzes the Communist Party of China’s traditional culture of“Cautious kill” and“Less kill” death penalty thought of the inheritance and development,the formation of its own death penalty ethics.In addition,by excavating the characteristics of the current death penalty system in China,this paper analyzes the ethical value and some deficiencies of the present death penalty system,and puts forward some improvement plans for the deficiencies,with a view to China’s current death penalty system to provide a sound development of ethical basis.Through the ethical research on the general situation and characteristics of the current death penalty system in China,the paper realizes that the death penalty system in China has the characteristics of retaining the death penalty,but executing “cautious killing” and “less killing”.This paper explores the value and significance of China’s current death penalty system by exploring its ethical theory and philosophical basis,and expects to make some constructive significance to the future development of China’s death penalty system.