| The death penalty is the punishment to deprive the criminal of his or her life. As the most serious punishment, its existence, abolishment and application have always been the focus of legislators and specialists on criminal jurisprudence. Therefore, basing on personal opinions, the writer gives the analysis concerning three aspects in the situation of the death penalty in our country in terms of the value foundation of the death penalty, the situation of the death penalty and the reform of the death penalty.There are three parts in this article.The first part introduces the great disputes among the scholars home and abroad, its value foundation to exist in China and its limitations.The death penalty still has the value foundation to exist in China As one kind of important penalty, the death penalty has a long history. However, since the sixteenth and seventeenth century,It has aroused great disputes among the scholars home and abroad. At the present time, the dispute on the existence and abolishment of the death penalty is being explored in depth step by step and turns its attention from the theoretical exploration to the practical research; from the perceptual observation to the rational thinking, thereby to some degree stimulating the practice to restrict or even abolish the death penalty in every country. In our county, there exists the dispute on the restriction and extension of the death penalty either in theory or in practice. Although the death penalty in our country has the value foundation to exist whether in politics, culture or economy, we must see its limitations. It can be said that people have been immersed in the blind admiration of the deterrent of the death penalty. But in fact, in theory or practice, from the moral authority or the utilitarian concern, as a kind of system, the death penalty itself has no such effect and cannot live up to people's expectation. Therefore, there is no necessary connection between the existence, abolishment, the number of the death penalty and the increase and reduction of the crime rate. The writer suggests realizing the transition to the abolishment of the death penalty step by step on the basis of the restriction of the death penalty.The second part discusses the legislation, administration of justice and procedure of the death penalty in our country.On the review of the situation of the death penalty in our country, the situation is nor optimistic on whether legislation, administration of justice or procedure, and the imperfection of the system leads to a series of serious consequences. Firstly, in terms of legislation, although in the period from the 1979 criminal law till the present criminal law, our country has followed out the death penalty policy of "not abolish the death penalty but must kill less ", which strikingly manifest the legislation principle of using the death penalty with caution, since the 1980s, the legislation has extended the application of the death penalty in many ways and has manifested the trend to increase the charges and the rate, incarnating the death penalty policy of "admire the death penalty and overbalance the death penalty ".However, the legislation of the death penalty hasn,t received the expected effect in that in our country the crim4e rate of the crime and the crimes against property which are punished by the death penalty has always been high and has manifested the increasing trend; the big and serious cases increase step by step every year, as the result of which there occurs the "two high "phenomenon that the sum of the punishment and the number of crimes are increasing at the same time and speed. Secondly, in terms of the administration of justice, the expansion of the legislation of the death penalty puts premium on the admiration of the death penalty and the practic3e to overuse the death penalty. The application of the death penalty in the judicial practices isn't performed strictly according to the applicable conditions for the death penalty in the definitions of the criminal la...
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