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The Public Opinion Basis Of Death Penalty

Posted on:2008-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2166360242457804Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The public opinion basis of death penalty is one of the most important factors which influence the way of our country's execution system, but it isn't obtains the same recognition as political decision-making or academic controversy. When researchers talked about this issue, they just listed some data about the rate of support and oppose, never studied in the actuality, character, and cause of formation and so on. It all Because we have little domestic information about this topic ,and also by the reason of the public opinion basis of death penalty relate to a wide range, has so much causes of formation and the effect-mechanism is complex and hard to demonstrate. I take this as the subject of my thesis, hoping for attach importance to this problem, and take some durative research and analysis, provide more demonstration information to the academic researchers, government officers and plebs, make the death penalty debate which has been at a stand carry through effectively.This thesis spurned the writing-mode which started with the discussion of common theory of execution, states the author' attitude to the academic value of this research first. Then discussed the actuality of domestic public opinion basis of death penalty one by one: the attitude to the exist or abolition of death penalty, the attitude to death penalty restriction, the opinion of the function of death penalty, death penalty with crime, death penalty with culture and international circumstance, death penalty with Chinese criminal law, the form and change of notion about death penalty. All of these analyses is based on study of two reports of domestic public opinion investigation of death penalty, based on analysis of data, so they are valuable in science.The 3rd part is analysis for the cause of formation of the public opinion basis of death penalty. The author consulted foreign research outcome, considered domestic cirs, analyzed four causes of formation: news, film and television. Politic behavior and traditional culture. The statistic of criminal case report is completed independently by the author, despite the lack of objects and the short of the stride of time, the problem which has been posted is screaming. The analysis of the film and television opened out this problem more. The analysis of politic-action-mechanism has also proved the people's assure. The analysis of traditional culture is focused on two forms of exception of "Killer must die", willing to explain why people making some action err from their general attitude to the death penalty.The fourth part take the public opinion basis with academic debate and political decision-making on the same lay to explain the mutual act connection between these factors, and then pointed out how can academe and political decision makers affront and reform the public opinion basis of death penalty.At the end of this thesis, by research of international criminal judicial cooperation, the epilogue "Public Opinion at the parting of the ways" analyzed the straits which the public opinion basis of death penalty has been confronted, and then forecast it's trend.
Keywords/Search Tags:death penalty, the public opinion, political decision-making, academic debate
PDF Full Text Request
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