Rethinking About The Qualification Of The Death Penalty

The theory of limiting death penalty holds that we should keep it still working in China, though limiting it very strictly, which could be thought some middle way to balance the need of present judicial situation and the big amount of death penalty application. The author argues that there is not real discussion about whether we should dispel death penalty or not between different schools of thought, owing to no unified principle. The focus of the theory of limiting death penalty does not lie in the marching for the polishing of theory itself, rather its actual effect and up dating ability.Basing on the foregoing arguments, the author conducts research on the methodology used by the theory of limiting death penalty. Judging from this, she holds that real emphasis should not put on the legislative limitation for its lacking or updating ability, nether the policy limitation, which is lacking the real effect. So the last straw is the judicial limitation for being the only method left available. So we should focus on how to make the best use of it.The author points out that the so called judicial limitation is in broad sense, not only including the interpretation made by the Supreme Court and Supreme Procuratrate.Legally, but the judicial interpretation. The latter is regarded the most important by the author, since it is more practicable. In order to explain this argument, the author tries to make it clear three kinds of relationships. Firstly she argues that we should differentiate death penalty and its application forms. Both the application forms share one prerequisite, which means that they all satisfy the qualification of death penalty. The only difference lies in whether it...