On The Justification Of The Death Penalty In China

The issue of the retention or abolition of the death penalty is a warm argument both in theoretical and practical fields. The author believes that the issue is concerned with the evaluation for the death penalty in moral sense, that is a moral evaluation on the justification. Because the justification of the death penalty is not only concerned with the justification of executing the national power, but of depriving and restricting individual rights to life.In this thesis, the author discusses the justification of the death penalty from the viewpoint of morality and tries to uncover one of the reasons why we need the very kind of criminal sanctions—the death penalty. In China, although there is a significant change in such aspects as political and economic system underlying the institution of the death penalty, the death penalty still remains in China at present, why the death penalty can retain up to now? Why the retention of the death penalty in China has its right reason?As for the mentioned-above, the author tends to reconsider the value of the death penalty from the viewpoint of the science of ecology, sociology, crime and culture. The thesis mainly includes three parts, including introduction, text and conclusion. The total words of this thesis are about forty thousand.Introduction, comments on the various arguments about the death penalty around the world. The author wonders that the final purpose of limiting the death penalty leads logically to abolish it. Around this wonder, the author tries to suppose the reason or the value of retaining the death penalty in China.Part one, deals with justification of the source of the death penalty. The death penalty as a social phenomenon is related to the history of human society. The author analyzes three main sources of the death penalty from the viewpoint of ecology, sociology and politics. Accordingly, the author concludes that the source of the death penalty is objectively justified.Part two, observes the general reasonable sources of the death penalty in theory. The death penalty as a legal phenomenon is a product of evolution of human society. Inthis part, the author discusses the reasonable grounds from the political power, punishment of retaining the death penalty.Part three, elaborates the legal culture source of retaining the death penalty. The death penalty is also a kind of cultural phenomenon. Therefore, we need recognize the relationship between the death penalty and culture while discussing the justification of the death penalty. Furthermore, the Chinese culture is a kind of culture combing the politics with morality. Accordingly, the author deals with the base of social morality and further observes the meaning of humanity and human rights from the specific Chinese culture.Conclusion, the author believes that the death penalty is concerned with the function and justice of punishment Consequently, the author tends to think that the retaining of the death penalty has more value than abolishing in China because there is quite different history background in China from the Italy where the initiative of abolishing the death penalty.