The Restriction And Abolishment Of The Death Penalty System In China

Death penalty, one of the cruelest criminal penalties, is in terms of depriving the criminal's life. Death penalty has been existed since the human being society formed. During the past different times, it is an important means of criminal punishment of every country. However, with a famous criminal law jurist Beccaria's coming up with an idea of abolishing the death penalty, people have been discussing about it until now. Although neither side has an absolute justified reason to prove the other's viewpoint is wrong, the universal trend of abolishing the death penalty can not be stopped.Taken the particular circumstances of my country, the writer thinks we have to keep the death penalty system nowadays and when the required environment can be reached in the future, we can abolish it then. However with it, the death penalty has to be restricted to use and should be abolished some accusations. This paper can be divided into four parts:The first part is the present situation and theoretical discussion about the abolishment of the death penalty all over the world. Firstly, the paper briefs the circumstances and the trend of the abolishment of every country. Secondly, it states generally the main theory about the death penalty of both the pros and cons.The second part illustrates the flaws and reasons of the current death penalty system. By analyzing the flaws and reasons of the current system this part may be a breakthrough of legislation and jurisdiction for improving the death penalty system in our country.The third part demonstrates why we should keep the death penalty system nowadays. This part mainly analyzes the circumstances and reasons from an economic, social and historical perspective. As a result, we have to keep some accusations currently due to the reality and the abolishment of the death penalty system has to be reformed practically other than rashly.The fourth part is about the idea that we restrict the use of the death penalty gradually and abolish it at last. Firstly, it suggests that we foster the sense to abolish the death penalty by guiding the people to change the popular criminal perspective of"blood for blood"in order to gain the support of people. Secondly, it states from legislative and juristic perspective. The legislative method means to change some accusations and specify the standards of using the death penalty and abolish some non-violent accusations. The juristic means is to improve the jurisdiction of the death penalty case in order to diminish the number of criminal cases at some point. For the three ways above, we can improve the death penalty system and when it is time, our aim of abolishing the death penalty system completely will be fulfilled.