The Strategies Research For Restriction And Abolition Of Death Penalty In China

With more than 200 years in more than 100 countries in the world of law and in fact to the abolition of capital punishment, this kind of pan-moral light punishment socialist transformation to abolish death penalty, restrictions, the trend, and has become the world in China has thousands of years of history as a death penalty powers, how to limit and abolished the death penalty for China's situation, choose a suitable for China's path become the focus of the circle. The restrictions, the death penalty for China, this article will abolish path selection by four parts to the international community development status and the death penalty in China are analyzed, and the death penalty for other countries through the path of constraints, abolished the death penalty for investigation in our country at present, the academic circle on this problem, this paper puts forward the author thinks that the central issue path choice of suitable for China's national conditions. The first part of the death penalty for international development situation and our death development status of summarize and analyze the abolition of the death penalty has become the development trend of punishment, and the international trend of death penalty restrictions, abolished route choice is the reality of our country needs; The second part of the international community to abolish the death penalty state and actively abolished the death penalty countries of travelling investigation and concrete measures of international society analysis, the article advanced experience; The third part of China limited, abolished the death penalty route choice and concrete measures now the existing academic dispute was summarized, the abolition of instant type view and gradual abolished view both controversial views analysis; The fourth part presents the author view namely view is progressive abolished the death penalty limit consistent with China's national conditions, abolition of path, and explain the reasons and focuses on the gradual abolished concepts in the legislative, judicial and related criminal institutional measures.