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Weigh Limits On The Death Penalty Of Murder

Posted on:2012-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:W N WangFull Text:PDF
GTID:2166330332997022Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
It is universally shared that the capital punishment should be abolished nowadays. On account of the tremendous achievement of the systematic research and rational meditation in two hundred years, the prospect of the capital punishment becomes ambiguous even clouded. Although most countries choose to abolish the capital punishment, whether it's also appropriate to act accordingly in China is still controversial because of the condition of our country, conservative social census and the actual efficiency of death penalty. Tortuous, strenuous and seemingly insurmountable as the process appears to be at firs, the capital punishment should be increasingly restrained and eventually abolished beyond question, considering the incompetence and setbacks of both legislative and judicial practice. So sensational the start is to eliminate capital punishment from the non-violence crimes that many more contributory steps of reform is surely consecutive. Nevertheless, the ultimate goal of this reform is to eradicate capital punishment from the murder, which is the core of this essay.The first part depicts the murder and a summary of capital punishment. The author first defines the concept and features of such a crime. Murder refers to strip others'life, including but not limited to intentional homicide. Then author listed some flaws in China's criminal law's embodiment and our country criminal law provisions.In the second part, the author make a comprehensive analysis of problems in the capital punishment of murder, including opinion level and institutional aspects of the existing problems.For criminal law abolished death penalty, it is a huge change. Yet the change in our country is facing every aspect of life.First, plenty of the capital punishment.Second, unclear standard of capital punishment. Third, imperfect system of punishment.Forth, the interference of other factors.Fifth, avoiding economic factors.Sixth, the flaws of the defendant's relief.In the third part, the author mainly depicts the control paths of murder. This section includes three aspects. First, updating the concepts of the capital punishment. Second, legislation adjustment. Third, judicial control. Abolished the death penalty of intentional homicide, is not only the improvement of human system but also the victory of human nature. When care and tolerance have replaced hatred and revenge, the world human rights can more highlight its charm. This combination of system and emotion is the pursuit of each jurist. Anyhow, the abolishment of death penalty on intentional homicide which is the last battle on the progress of putting an end to death penalty is the real difficulties and focus. We should be aware of this from various aspects to reach the destination of abolishing the death penalty.
Keywords/Search Tags:Murder, Capital punishment, The ultimate goal, Public opinion
PDF Full Text Request
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