On Limit Of The Objects Who Would Be Adopted Death Penalty

At present, limiting or abolishing the death penalty has become a trend of the reform of criminal law all through the world. The limitation of the death penalty, in this sense, has more practical significance in the china situation. However, the death penalty must not be abolished now immediately, but should be limited strictly, which is the most rational choice of limiting the adoption of the death penalty.China is one of the nations that strictly limit the adoption of the death penalty. In our criminal law, the important way to limit the adoption of the death penalty is to limit the scope of subject of crime who would be adopted death penalty, and it is stipulated in the criminal law that young people under 18-year-old and pregnant women should not be adopted the death penalty. However, there lots of shortcomings related the death penalty in our present criminal law, especially the scope of subject of crime who would be adopted death penalty. Whether there should be a limitation of death penalty to the elderly and psychotic offenders? Hence, this paper aims to probe how to restrict the objects who would be adopted death penalty, not only the minors and pregnant women, but also the elderly and psychotic offenders. The author considers that we should set a rational limit of age of those who should be adopted death penalty and banned adoption of death penalty to psychotic offenders, to cut down the scope of criminal subject as possible and to reach the objective of the current limitation and the future abolition.The main content of this thesis consists of five chapters.On Chapter One, the author reviews on the argument of preservation and abolishment of the death penalty and its historical development. Also, conform with the argument of the death penalty, the author states the reasons why we should preserve but restrict the death penalty presently.On Chapter Two, the author states the reasons of limiting adoption of death penalty to minors. From different angles, such as proportionate punishment to crimes and the purpose of the penalty and so on, the author states the reasons of limiting adoption of the death penalty to minors and how to accurate apprehend the rule of banning adoption of the death penalty to minors.On Chapter Three, the author states limiting adoption of the death penalty to...