Research On The System Of Suspended Death Penalty

Though the argumentation on abolition or reservation death penalty is gradually acute, death penalty can not be completely abolished. So the system of suspended death penalty must be more important in Chinese penalty system.The first chapter researches on the history and essence of the system of suspended death penalty. The border region government of Jin-Ji-Lu -Yu stipulated the system of death penalty- retention is the modern Chinese system of suspended death penalty's official origin. After liberation, Comrade Mao Zedong proposed the word of the system of suspended death penalty officially. It was the beginning which made the system of death penalty- retention Institution, standardization and Carried out in nation. The essence of the system of suspended death penalty is the generalized on suspension of sentence, namely“has the condition to postpone the original decision the execution”.The second chapter researches on the suitable value orientation of the system of suspended death penalty. The justice is most basic value orientation of the death penalty, it is also the most solid value basis which our country death penalty still could exist. The death penalty must accept the inspection of humanity value and it's application should not violate severely the basic moral intention of people.The third chapter researches on the entity standard of the system of suspended death penalty application. Take the justice as the instruction, the death penalty suitable standard has two:(1)It is suitable in kills the non-mistake deliberate victim's case;(2)With fore-mentioned case's nature in value suitable case. The suitable core standard of death sentence with a reprieve is“it is not to execute immediately”, Must transform the mental methods to limit the scope of“must execute”from frontage. Everything does not belong“must execute”, belongs“is not to execute immediately”. To judge the connotation of“must execute immediately”, must take the basic value criterion by the humanity values.The fourth chapter researches on the new standard of the system of suspended death penalty:forgiveness of victim. The core of recovery judicature's introduction lies to confer the negative power of immediate execution of death sentence to the victim (family member). Regarding the traditional petty crime, if achieve the recoverable plan, definitely may confer the victim the negative power of immediate execution of death sentence.The fifth chapter researches on the change in the applicable process of the system of suspended death penalty.“The verification is true”is a judicial judgment process which needs People's court to recognize according to the legal proceedings. Makes the result referee from the detection stage to the sentence of the People's court, it needs a quite long-term process. The commutative standard from the death sentence with a reprieve to life imprisonment lies in“not the intentional offense”. The Criminal which is condemned by the death sentence with a reprieve in postponed death sentence execution period both has the intentional offense and significant meritorious acts, does not have the legal crack, the reason that the partial scholars thought that is because the mis-registration of its grammar relations.Conclusion researches on the reform and the consummation elementary path of the system of suspended death penalty. The reformation and the perfection of the system of suspended death penalty, need take the penalty just view, the humanitarianism as the instructions, insist suitable standard strictly of the death sentence with a reprieve; to clear the boundary between the immediate execution of death sentence, death penalty with a reprieve and the life imprisonment. We shall promote recoverable judicature, confer the negative power of immediate execution of death sentence to the victim; reform the condition which changes the susepended death penalty to immediate execution of death sentence, the life imprisonment or fixed-term imprisonment; to change the execution period of suspended death penalty as a elastic scope.