Interpretation Of The System Of Death Penalty

Death penalty is a method of punishment newly regulated in the Criminal Law to deprive the lives of offenders because of the serious crimes they have committed. It emerged at the later period of primeval society with the shape up of state,and reflected human instinct of revenge. Death penalty has its own features in different development periods of human society. The establishment of United Unions has brought with a series of international conventions regarding the restriction and abolishment of death penalty. The European and American human right conventions clarify the restricted application and abolishment of death penalty. Most of the international human right organizations regard death penalty as against humanitarianism and trespass on human right,therefore they call on states that reserve the system of death penalty to abolish the extreme penalty as soon as possible. In 1764 Becalia published Study on Crime Committing and Penalty and claimed the abolishment of death penalty,since then a worldwide debate over the abolishment of death penalty started,the basic viewpoints of the two contradictory parties are of partial reasonability from their own standpoint,however the abolishment of death penally is an inevitable outcome of civilization development of human society. View from the economic,political and social backgrounds of present stage,the condition to abolish death penalty is far from being mature,but the system of death penalty in our country is born several defects,so we should strictly restrict the object and accusal that applied to death penalty through legislation and justice,demolish the procedure for judicial review of death penalty,carry out the system of the third instance as the final and add the institution of pardon.