The Restriction Of Death Penalty

The Death Penalty is one of the most disputed problems in history of Criminal Law. As the oldest penalty, it is called "Head of Penalty" and has great position in the penalty system. In Slave Society and Feudalism Society, the death penalty was in governors' good graces because of its deterrent force. But with the improvement of civilization degree of human society and widely acceptance of humanity, the function of death penalty in preventing and punishing crime was doubted by people. They began to self-examine the existence of death penalty. Then disclose prologue of discussion about retain or abolishment of death penalty.There were two theories in this discussion: retain theory and abolish theory. It was correct that there were so much reasonable points in both sides, but as limited by history and class factors, both of them appeared limitation. So how to rationally face the existence of death penalty in this period and fix its position in penalty system is the problem we must face in the course of development of Chinese penalty. Death penalty belongs to the realm of the superstructure, so retain or abolish must connect with certain material-living condition. According to practical condition of our country, the condition of entirely abolishing death penalty is not ripe, neither the material condition nor the spiritual civilization. Furthermore the traditional mind of severe penalty and situation of public security also restrict the abolishment of death penalty. But in now days, the crimes in Criminal Law and justice practice have the trend of expansion. So the view of this paper is that restricting the death penalty is the most practical method during this special period.Around this view, first chapter of paper is the simple introduction of death penalty. Second chapter is bringing forward the view on the basis of introduction of retain theory and abolish theory. Third chapter discuss the value of death penalty from fair, efficiency and humanity. Fourth chapter discuss the practical condition of restriction of death penalty. Fifth, sixth and seventh chapters are advices on restriction of death penalty from criminal policy, legislation and justice.