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Some Thinkings On The Death Penalty System

Posted on:2007-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:B ChengFull Text:PDF
GTID:2166360185957898Subject:Law
Abstract/Summary:PDF Full Text Request
The death penalty is the penalty method which deprives crime member life, also called life sentence or capital punishment, is the most severe penalty in all penalties, by physically eliminating the means to punish criminal offenders, defensive approach so as to achieve social penalties. Because of the severe nature of the death penalty and huge deterrent, history of the national rulers without exception to the use of the death penalty, to the death penalty as a rule deal with the most serious crimes against their important means. It deprived the offender of the most important rights, causing the greatest pain and can not be reversed, it is also is the most controversial penalty in the history and social reality.Therefore, my profound reflection on the death penalty system so as to achieve a more rational treatment of the death penalty system in our country has become an important task in the field of death studies. To achieve this purpose, first of all, we must proceed from a correct understanding of the value of the death penalty began to achieve such purposes. The death penalty is a cost-effective, fairness but inhuman punishment. Justice is the primary objective of mankind's pursuit, with the corresponding fair justice legislation was therefore become the primary goal of pursuing, legal value or fair value in the primary position. Based on the legal value of the penalty order value was legal value severity decision, impartiality of the penalty will become the primary value, as for the sentence of death, impartiality will naturally become the core value of the death penalty. From the perspective of fairness, the exchange of equal value concept in the social guidance, the death penalty is applicable to special criminal with impartiality. But equivalence concept is a subjective judgement of people, the subjective judgement are changing with cultural background and human factors, so the death penalty is not a fair value...
Keywords/Search Tags:The value of death penalty, The destiny of death penalty, The limitation of death penalty, The perfection of death penalty
PDF Full Text Request
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