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The Rationality Analysis Of Death Penalty And Our Country's Choice

Posted on:2008-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2166360242957783Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The death penalty is a kind of penalty method that deprives the criminal person's life. In ancient times, the rationality of the death penalty didn't cause people's doubt. However it's been changed in modern age, with the progress of the social material civilization and the spiritual civilization, to the penalty rationality of cognitive of turn continuously and deeply and the influence of the humanitarianism spirit, people have a doubt to the rationality of death penalty, and carry on to this problem thorough of analysis, cause a contestation keeping on for more than 200 years for the death penalty reservation or abolishment. The different angle aims at the death penalty and elaborates them from of standpoint, both parties escaped from the society reality, who didn't have the position of science to treat the development of the death penalty. Our country emphasizes the heavy punishment intimidation doctrine thought from time immemorial, the death penalty is on the top of the our country history and it always had been subjected to the ruler" favor", the type of the death penalty is also different form time to time. Up to now, our country still has a great deal of death penalty criminal charges in the current penal code. But there are more than 60% of all nations which are on the law or rescinding death penalty in fact in the world currently. Under the international current of abolish death penalty, which direction the death penalty system of our country should go? Does the government want to abolish or reserve the death penalty? If yes, what kind of death penalty policy should be adopted? To this, this text drew up to set out from the angle of the retribution doctrine, utilitarianism and the humanitarianism, combining with the concrete state of the nation of our country to discuss,introspect the rationality of the death penalty, and analyze the death penalty standpoint of our country should hold , the death penalty policy and possible measure should adopt, and further study the development of future trend of the death penalty and how we face to this development trend.All parts of this thesis as following: Part one talks about the contestation between death penalty's reservation and abolishment. After carrying on a comment to the standpoint that saves or discards both parties, it is received that the key of death penalty reservation or abolishment: Whether death penalty has property or not. Part two is the rationality analysis of the death penalty. That part inquiries into the rationality of the death penalty from the angle of the retribution, utility, humanity, and get conclusion from here: To the investigation of the death penalty rationality, we must combine concrete social reality with analysis. The third part is about the reality choice of our country. Our country can't abolish death penalty, but need to limit death penalty to utilization strictly now, the article elaborates some measures of the restriction of death penalty from the angle of the lawmaking and the judicatory. The fourth part is the future development trend of the death penalty. According to the trend of the international situation and the social development, our country should abolish the death penalty necessarily, but this needs to have a certain condition. Therefore, the article analyzed finally once in order to reach these conditions, we should apply some preparation works.
Keywords/Search Tags:Death penalty, rationality, retribution, utilitarianism, humanitarianism
PDF Full Text Request
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