Analysis On The Protection Human Rights In Criminal Discretion Of The Death Penalty In China

The death penalty, as a severe kind of punishments, has production development, spread to the history and the abolition of restrictions on the development process, particularly from the beginning of all modern embodiment of human rights protection. As a result of the universality of human rights, not only the ordinary people's right to life but also the offender's right to life should be the protected objects of national law. The death penalty was established to safeguard the security of the ruling class status of the human rights of law-abiding citizen, and the repeal of the death penalty on criminals also reflects on the human rights protection.Given the current condition of our country, it is essential to retain the death penalty in our country, but the death penalty must be restricted. The death penalty has already restricted in entity law and procedure law, aiming to reduce the death penalty and abolish it.Except foreword and conclusions, the thesis consists of the following three parts:The first part: the brief introduction of protection of human rights. This part first gives an elaborate about the concept of the death penalty, the human rights and the relationship of the death penalty and the protection of the human rights. Then this paper historically analyzes the debate about retain and abolishment of the death penalty and the protection human rights in criminal discretion of the death penalty. This paper finally come to the conclusion that it is necessary to maintain the death penalty system currently in our country ,through arranging the debating about the retain and abolishment of the death penalty and in comparison with the death penalty of the Chinese mainland, Macao, Hong Kong, Taiwan. Finally, this paper summarizes the reasons in the views, which be reflected in retain and abolishment of the death penalty.The second part: The theory grounds of the protection human rights in criminal discretion of the death penalty. This part analyzes the theory grounds of the protection human rights in criminal discretion of the death penalty from three respects, which are the function of Criminal Law, the value of Criminal Law and the purpose of the penalty.The third part: The development Status and the analysis of the protection human rights in criminal discretion of the death penalty in and out our country. This part first analyzes the protection human rights in criminal discretion of the death penalty about international human rights law and other countries. Then this paper analyzes the protection human rights in criminal discretion of the death penalty from entity law and procedure law .In compare with the two, this part reflects advantages and disadvantages.The fourth part: The shortage analysis of the protection human rights in criminal discretion of the death penalty and consummation. This paper first analyzes the shortage of the protection human rights in criminal discretion of the death penalty. Then, the author proposes her own opinions on the protection human rights in criminal discretion of the death penalty.