Research On The Relationship Between The Abolition Of The Death Penalty And Public Opinion

The abolition of the death penalty is not only about the fear of the law, is also about the lives of people.In the study and discussion of this issue, we must think of the relationship between the current public opinion and the traditional culture,if the deposit is only following the debate of abolishing the death penalty, we will lose the great significance of the topic.This addition to the first chapter "Introduction" and the last chapter, "Conclusions" section, the text consists of three major parts.In the first part, the first level will discuss the concept of the public opinion and the opinion of status of the death penalty,and point that the so-called public opinion is something people on the attitudes and orientation,so the public opinion is the attitudes and orientation of the abolition of the death penalty. A large number of cross-strait survey shows that current public opinion in China does not support the abolition of the death penalty.The second level will discuss the abolition of the death penalty can ignore the public opinion,this includes two implications,it is a necessary requirement in the criminal law,in the democracy and law society, law should be above of the national desire, will and public will.To get people in any legal recognition, understanding and compliance, tlaw must meet their needs and recognition.Not only the Chinese scholars have this understanding,but also Japanese scholars also believe that.The national desire not only promote the development of the various elements of the criminal law but also is the driving force behind the development of criminal law.Otherwise, not only the legal system itself is difficult to get public recognition and support, but also it brings the administrative costs and difficulty of enforcement.This is not conducive to social stability and development, and it does not conform to the general public's interest.In the second part,the ethics of the traditional legal culture(criminal culture),the relationship between revenge and the death penalty are discussed.In the first level, the traditional ethics, the reasonable exclusion of the law and the Taiwan Pai Ping-ping events are discussed.The most significant feature of the traditional Chinese legal culture is legal ethics, reason, moral,they guide the national legislation and justice,and train the legal awareness of people.This makes Chinese traditional legal culture lack of independence and autonomy,Although the Pai Ping-ping incident took place in Taiwan, but on behalf of the Chinese people's awareness of legal and reasonable approach.The law is not fundamental, it is the most important that we should focus on ethics compliance and establish to a set of ethical sense order.People need to be "fair, right" rather than legal.The second level discusses the vengeance and revenge in the complex inheritance and continuity of the traditional culture.Because of China's history of humiliation, revenge is not enough to dilute the sense of the ideological movement, people's sense of revenge not only is not diminished, but also have strengthened tendencies compared with other people.In the third part,tthe relationship between the concept of traditional justice, retribution idea of justice and magnanimity of view of justice and the death penalty will be discussed.In regard to our traditional justice, this paper agrees with Mr. Ren Xirong recognized:in the Confucian theory of system, "Reason" (sometimes called "heaven" or "Road") is the closest to "justice" concept.Traditional Chinese culture (at least before the modern times) is not actually in the modern sense of "justice" concept, more of ethics and morality.Then, like Hegel who is a historians and critics:the spirit of the times changes the cast other day, that does not belong to the past historical sites belonging to the past and present. So when people face the death penalty abolition, in fact, theylike using the conception of the retribution justice and magnanimity justice.The Chinese traditional concept of retribution has a long history, rich intellectual resources and a variety of expression.What goes around, comes around.The concept of retribution has a long history,Some scholars believe that concept of poetic justice to get back in the Spring and Autumn Period had been a popular belief,And the belief has been heritaged for future generations,this "deserve" retribution is undoubtedly a great resistance for the death penalty view.Finally, in conclusion,we draw four conclusions:In the public opinion from the traditional culture,giving your life if you kill others is a matter of course;Traditional ethics, reasonable view of the exclusion of the law makes that the public can not accept the reality of killing a life for the other life without murder;Revenge of consciousness is difficult to eradicate in a short time;The traditional concepts of justice and the consciousness of "What goes around, comes around" do not allow that the death penalty is no longer.