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The Analysis Of The Death-penalty System In China

Posted on:2004-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:M S ZhouFull Text:PDF
GTID:2156360122985201Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China is a country in which the death-penalty system is taken to punish the offenders broadly .Thus the movement of abolishing the death-penalty system in the world has been influencing the death-penalty system in China strongly. So it is not only helpful for us to understand the knowledge of the death-penalty, but also for our government to make a reasonable choice on death-penalty to make comprehensive comments on the pros and cons of the death-penalty system in China. For the reason above-said the article is referred to make a comment on the death-penalty system in China.The movement for abolishing the death-penalty system presently in the whole world has become even much stronger, notwithstanding it has still been emphasized in China. The main reasons for our nation to take the death-penalty on punishing the offenders are the ones as follows including the general common sense of the fair idea of retribution and executing one as a warning to a hundred, and the compliance of the national traditional culture and the death-penalty culture. In detail, the naive fair idea of retribution , the compliance of the traditional culture and the death-penalty culture and of the aspiration of the people make our nation take the death-penalty system as a way to punish the offenders and take the death-penalty as a warning way to warn the crimes. However, it brings much negative influence for adopting the death-penalty system broadly and frequently. As for the retribution of the death-penalty, it not only runs counter against normal logic, but also may compromise the balance between the crime and punishment as a result of our misinterpretation of a felony. It also causes to fail to value the offence and punishment being lack of fairness on the crimes for recognizing the potential offenders wrongly. As for a warning to the offenders by the death-penalty system, it not only makes people rely overly on the system, but also weakens the original functions of the criminal system on helping the crimes repenting and making a fresh life, strengthens the possibility of sentencing the crimes to death without much intention and loses the goal of a warning to crime. As for the compliance of the death-penalty culture and the Chinese traditional culture in which the nation pays little attention on the life of populace, which is not helpful to make progress on the punishment culture, but easily add the cruelty into the natural instinct of the people.For the reasons above-said, our nation should make a wise decision on whether the death-penalty is applied to take and on the ways for applying the death-penalty system on the basis of weighing the pros and cons, the specific conditions in China and the international circumstances.
Keywords/Search Tags:Death-penalty
PDF Full Text Request
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