Restrictions On The Death Penalty In China

The most severe punishment of death penalty is one of the ways of crime, the death penalty has also undergone a long and complex development process. The development process from the death penalty can be seen in many countries in the world detailed provisions on the death penalty. Historical process of development from the death penalty can be seen that the death penalty system in the production, development has been to gradually abolish the death penalty, has experienced a process from abuse to caution, from the harsh to the human process. Criminal law toabolish the death penalty is the inevitable trend of international development. Although the theory of criminal law scholars have long proposed to abolish the death penalty for the initiative, but because of the special circumstances of the death penalty is indeed a long quite upset, and immediately the possibility of abolishing the death penalty isminimal. However, we can conduct the penalty phase of reform, change slowly from point to surface the application of the death penalty, the death penalty be limited. Therefore, I discussed how to proceed from the Death Penalty in China's judicial practice to limit the death penalty."Criminal Law Amendment (h) " from the legislative restrictions, reducing the death penalty, respect for human rights and indeed the trend of the international response tothe penalty. But to truly reduce the death penalty, we must strictly control from thelegislative restrictions and the two aspects of justice. Control of the death penalty forreducing the actual death sentence, death penalty should be the basic policy of China, also in line with the overall development of the world tends to playful penalty direction. In this context, only from the legislative level in the judicial abolition of the charge rarely applied in practice, even without the death penalty has long been to some of the "death penalty", it seems not enough.The author from China's actual conditions, carefully study the conditions of application of the death penalty and the death penalty and procedures for the use of objects andstill retain the death penalty according to China's actual conditions and legislative and judicial application of the legislation still had to retain the death penalty, and from a legal point of view A careful analysis and full argument: The first chapter analyzes the present situation and of the death penalty applicablestandards, the death penalty from our current status and standards of the death penaltyfor both analysis. From the "1979 Criminal Code"to"Criminal Law Amendment (h) "capital charge reduction and more stringent restrictions that apply the death penalty, death penalty review power, and the death penalty on the resumption of the death penalty applicable standards are applicable to the limit. Under these reforms shows that China is actively carrying out the death penalty and, therefore, strongly advocatedthe death penalty in China limits.The second chapter discusses the inevitability of Death Penalty. First, from the necessity of retaining the death penalty at this stage and the possibility of the death penalty at this stage two restrictions were analyzed, and then the two together, come toour country at this stage to retain the death penalty is necessary, however, to the death penalty Limit the application of the death penalty limit is in line with China's national conditions.Chapters III and IV, respectively, from the death penalty for the legislative restrictionsand limitations applicable to the judicial discourse. Legislative restrictions and from the General Penal Code and the new introduction of the "Criminal Law Amendment (h) "were analyzed, in particular the amendment on the death penalty and death penaltycharges were reduced for more stringent restrictions, which for our country to graduallyabolish the death penalty played a vital Important role; other hand, from the death penalty for the analysis of judicial restrictions, restrictions apply from the problems of justice and the death penalty applies to the basic principles of judicial restraint and judicial control of the death penalty for three practices acomprehensive analysis of this stage of Restrictions facing the death penalty to resolve practical problems. In our country do not have the death penalty at this stage the actual situation, the imit for the death penalty is necessary. Therefore, we should be reasonable in the Death Penalty in China limits the death penalty."Punishment as a class society as a legal phenomenon unique in the class society and country has its own inevitability. the death penalty is Manifestation of the will of the ruling class, the ruling class and ruling class interests to maintain order in their tools and left the class nature of the death penalty, it is difficult toabolition of the death penalty and make the correct evaluation. Of the death penalty law had been applied from the object, Criminal trial procedures and applicable standards and apply the death penalty the death penalty means in detailthe provisions, and can not be executed immediately suspended the death penalty and other aspects of the implementation of legislation to make a detailed, step by step towards the humanitarian aspects of the law Development. especially the laws are made Clear legalprovisions. Therefore, I am a student studying criminal law, from the actual conditions of China, in the punishment of crime, but also should be vigorously promoted, with less use caution to death, the death penalty gradually change toward more humane Direction.