On The Restriction Of Lawmaking And Judicatory For Death Penalty In Our Country

It is international trend that the death penalty is abolished eventuauy. But, because of the special state of our country, dealth penalty still exist for a long time. The possibility that death penalty is abolished immediately is very little. Therefore, under the condition of not abolishing the death penalty, it will be a theoretical and practical problem for an important realistic meaning that how to limit strictly the apply of death penalty in the legislation and judicatories. But in current lawmaking and judicatory practice , there are some mistake areas, for the reason, not only there is lawmaking design of not perfect, but also the principle of enforcing the law emphasize the understanding deviation of the utilitarianism too. In this article, the author according to the state of the nation, carry on the basic investigation to the our country death penalty of applied present condition, and one by one analyze reserving the policy basis of the death penalty, the basis of state of nation and the legal theory basis of restricting to apply the death penalty ,etc. moreover , in order to perfect limit path of the death penalty in our country ,the author also put forward some tentative idea: Cut down the death penalty charges, further restrict applied object of the death penalty and strict death penalty to applied condition, increase and establish the death penalty to the system of forgiving, and so on. At the same time the writer made some thinking about establishing the new kinds of penalty to grow to the restrict in the death penalty process - absolute the life imprisonment ...etc.