Analysis Of General Value Of The System Of Death Penalty

Death penalty, also named life penalty or extreme penalty , is a method of punishment regulated in the Criminal law to deprive the lives of offenders because of the serious crimes they committed. Death penalty is the most archaic and severest penalty among the penalty system, which is originated from consanguineous Vengeance of barbarism society.The system of death penalty has its own features in different development periods of human society .But the author thinks that inhumanity is death penalty's name features in different development periods of human society. .For death penalty's inhumanity, human rights are emphasized more and more frequently in the world. In 1764 becalia published Study on Crime Committing And Penalty and claimed the abolishment of death penalty, but some specialists are opposed to abolishing it. Thus, there come two major schools of thoughts concerning it: one is opposed to capital punishment yet concedes that under the condition it be inflicted with restriction, death penalty should be permitted; the other is in favor of abolishing it. Since then, a worldwide debate over the abolishment of death penalty started .The author holds that the basic viewpoints of the two contradictory parties are of partial reasonability from their own standpoint .The dispute about existence and abolition of death penalty has its developing law. Resulting from the contradiction of death penalty itself. In fact, reservation or abolition question of death penalty is the contradiction of the different viewpoints about the value of death penalty.Along with the idea of human rights win public feeling deeply, the voice of abolishment death penalty becomes more and more loudly. After the establishment of United Unions, it has brought with a series of international conventions about the restriction and abolishment of death penalty. As an international human right organization, Amnesty International USA regards death penalty as against humanitarianism and trespass on human right , therefore they call on states that reserve the system of death penalty to abolish the extreme penalty as soon as possible .As a result of these efforts, now ,2/3 of the countries in the world have abolished death penalty. Restriction and abolition of death penalty becomes the trend of our world. The sport of abolishing death penalty has a great influence on the policy of death penalty in China. Therefore, a controversy on the reservation or abolition of death penalty has also taken place in China. At the present stage, the function of deterrence and prevention of death penalty is widely doubted. The author holds that as the minimum universal moral right , the human rights should contain the life power and fair power which must be equal to everyone so that it could meet the principle require of right humanity. Our nation carries out the criminal policy that death penalty is limited strictly; however, the policy of death penalty could not be fully realized in system. And the death penalty system deviates from the death penalty policy to some extent. Furthermore, in China, death penalty is not the most effective tool against severe crimes; more scientific criminal policies should be sought and made.By analyzing the dispute about existence and abolition of death penalty, the author sets forth his own viewpoints about it from the angles of justice, efficiency and humanism in this thesis, reveals the contradiction of the general value of death penalty and predicts the fate of death penalty in China: with the social civilization and development, death penalty will be greatly reduced in the application of it and abolished ultimately in China.