Study On The Control Of Death Penalty In China

The death penalty is deprives the crime life of the penalty, the death penalty history and the human law history is equally ancient, the people are long-standing to the death penalty attention. The various countries nearly steps onto road of the death penalty by the same way, actually abolishes or road of the control by the different way trend. More than 50 years ago United Nations General Assembly through"Rights of citizens And Political rights International Joint pledge"6th the quite detailed stipulation which does to the life power and the death penalty, becomes the United Nations and the various countries, various areas in the death penalty question the widespread approval principle. Although abolishes death penalty question continuously difference to be internationally big, but in the control death penalty aspect opinion is consistent, the death penalty control is prevented abuses the death penalty the important way. Along with our country and the international society integration enhancement, limits and even abolishes the death penalty sense of urgency more and more to be strong. Studies our country's death penalty control under the current international big background to have the significant practical significance.Although the death penalty is the realization special prevention one method, but, based on death penalty function and value finiteness, our country death penalty policy regarding death penalty restrictive, the human rights thought as well as international abolishes in our country's vigorous development with the limit death penalty movement to our country government by law construction profound influence, the control and the reduced death penalty the inevitable direction which is suitable into the death penalty to develop. The death penalty controlled must have to have the principle, the principle plays the direction direction, has clarified the understanding "the command" and "the soul" the role, in maximum limit reduced, the control death penalty legislation, the judicature is suitable in the process, it may be said watershed. The death penalty legislation control principle includes further limits the death penalty to be suitable the condition, the great scope reduction death penalty charge and the minute then natural article to death penalty suitable limit; The death penalty judicial control principle mainly has the legal principle, the gradual principle, the fairness principle and the unified principle. In under the death penalty policy instruction, strictly implements the legislation, the judicial principle which the death penalty controls, takes it as the deference the basic criterion, suitably has a more direct significance legally regarding the guarantee strict control death penalty. Controls at the death penalty in the concrete realization way, the idea transformation is the realization premise which the death penalty controls. Must cause the penalty to conform with the rationality and the science suitably, abandons the severe sentence principle thought, the setting up science criminal judicature idea is very important. Looked from the judicial practice situation that, the external intervention, the media public opinion and the public opinion pressure can processing have the important influence to the case. The supervision of public opinion should not be the public opinion trial, the true popular indignation must be the people makes fair, the reason appraisal and the response to. the criminality. Politics decision-making strata, the criminal jurist and the media all should take on the correct guidance heavy responsibility, achieves both manifests the public opinion and not to indulge the public opinion, guides populace's death penalty idea to face even more the rationality, the reasonable direction is developing. The death penalty controls the basic way must through the system adjustment, realizes in the reality by the criminal substantive law and the criminal procedural law together consummation the death penalty suitable reduction, thus implements cautious with, little uses the death penalty the basic idea. The death penalty controls system adjustment including legislation and judicial two aspects. The former is refers in our country strict limit death penalty policy and under the death penalty legislation control principle instruction, through is suitable the condition limit provision to the death penalty the consummation, the prohibition death penalty applicable scope moderate expansion and postponed death sentence authority of examination and approval disposition ways and so on readjustment maximum limit reduces the death penalty the reality to be suitable. The latter author proposed is suitable our country's death penalty case to prove the standard strictly, has the problem to our country death penalty case rank jurisdiction in to propose the solution, suggested our country death penalty case discretion of punishment procedure independence, and constructs our country's death penalty to remit the system, further reduces the death penalty on objective the reality to be suitable. Regardless of is the death penalty legislation control, the death penalty judicial control, all has the uniformity in the goal, and the control is playing respective indispensable vital role in the different aspect to the death penalty.