Choice Of Route In China's Gradual Progress Of Abolition Of Death Penalty

Abolition of death penalty is an important issue under hot debate in China today. Admittedly, the number of publications on this topic is huge, however, most works are about whether the death penalty should be abolished, instead of how it could be abolished. Even less papers are on how to form a new system after the abolition of the old one. Based on the systemic research of China's legislative and judicial efforts in controlling the death penalty, and with careful analysis of the emotional barrier and technical bottleneck in China's abolition of death penalty, this paper comes to an conclusion that a new form of penalty, similar to the death penalty and free from deduction and parole, should be created, while the death penalty is fading out of China's legal system. This is a scientific scheme bases on the analysis of the defect of China's legal system and intakes judicial experiences and academic research in foreign countries.