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The Keeping And Abandonment Of Dealth Penalty

Posted on:2008-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q GuanFull Text:PDF
GTID:2166360242473723Subject:Law
Abstract/Summary:PDF Full Text Request
According to the documentary record , dealth penalty ,thou- sands years'history ,is a process which it changes from de- fending political power to defending social justice .In this process, the vallue of human beings fluctuates between the social standard.So there is long years'quarrel between the preservation and the ablishment .In strichly speaking , the quarrel penetrates the whole procss of the development of dealth penalty .this is a process of development of human civilization and it is a track of human nature .In recent two hundreds years' discussion about the dealth penalty between the proservation and the ablishment.The idea of human nature makes the people payattention to the function that the human play part in the problem of dealth penalty .As for the base of value about the theory of abolishment ,the reasonable nature lies in the fact that the people find the shortcomings of dealth penaty about the humanity conflict between the dealth penalty and punishment .In fact ,the people find the reasonable foundation the dealth penalty is of no value .It still has certain practical sig nificance to base ourselves upon the justice and efficiency of dealth penalty and to proserve the chracteristic value that the demonstrators have .It is what we must think about in the problem to abolish the dealth penalty .As extreme penalty,the work of dealth penalty is obvious ,the existence of dealth of justice,In surface phenomenon , it seems to have great con- vineible power . But with the improvement of human beings' re- cognization ,the level of the value of human nature differs from that of the past .So that people see more things behind the dealth penalty .The abolishment of dealth penalty will bring greater benefits for the society.At present ,two thirds coun- tries in the world have abolished the dealth penalty.It is a unreversable trend .As a big socialism country,the democratic politics in our country should have uncomparative advatage .At the moment that the position of political contry is founded ,the universal chest is the presupposition and the basis which em- braces the whole world .It is hard to imagine that a country which can not contain the dealth penalty prisoners ,how can it get on well with the other countries in the world.It is necessary to think about the abolishment of dealth penalty and to lay down the plan to abolish the dealth penalty .According to China's situation ,the abolishnent of dealth penalty is a initiate pro- cess in China's process of abolishment, and the process is com- plicate and long . It is necessary to make prudent discussion and considerate analysis . From the human nature's point of view, according to my own realization and thoughts,I malce a little beneficial opinion. My opinion is that the level of human nature in our country has enormous differences because of the social reality. It is not possible to accept the reality to abolish the dealth penalty at once. At the same time , the system of criminal law has no frame to abolishthe dealth penalty , It needs a long process to reform the system of criminal law , in order to abolish the dealth penalty , we should adapt the following methods . First ,we engage in the process according to the stage in the method and the rale of practical beforehand to diminish the dealth penalty in judical practice , Secondly,we adapt the method of dealth before abolishion from quantative change to qualitative change.
Keywords/Search Tags:dealth penalty, human nature, abolish the dealth penalty
PDF Full Text Request
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