On The Death Penalty With A Reprieve System

The death penalty with a reprieve system, which originated in China ever played an important role in restricting and reducing the immediate implementation of the death penalty, and reflecting our criminal policy of "prudent punishment and less killing", however, it isn't sound. On the one hand, the purpose of restricting and reducing the application of death penalty which contradicts to its function as a way of the application of the death penalty because it is only a kind of death penalty systems. On the other hand, the system is still unreasonable in legislation, justice and implementation.Compared to the worldwide tide of applying palliative penalty, it is still very obvious in our country that the harsh punishment in applying penalty and death especially. We should not be simply satisfied with the progress our country has made by the vertical comparison in different periods. In order to establish the belief that life is holy, and to restrict, reduce, or even abolish the application of death penalty, we should pay more attention to the horizontal comparison with other countries nowadays.This paper will discuss the creation and construction of the death with a reprieve system through recalling it transform from political strategy to criminal policy and the penal system, and state the advocate and reasons of abolishing the death penalty with a reprieve. Specifically, this paper is divided into three chapters. In the first chapter, I will analyze whether death penalty with a reprieve is originally created in China and whether it is probation and clarify my points, through recalling how death penalty with a reprieve transform from political strategy to criminal policy and penal system. The second chapter will debate on the provisions of death penalty with a reprieve in criminal law and will discuss how to grasp its applicable conditions and testing system. Meanwhile, I will point out the deficiencies of criminal law and give some of my views on its applicable conditions and testing system. In the third chapter, on the base of discussing about whether death penalty with a reprieve system should be abolished, I will raise my view of abolishing death penalty with a reprieve system at last. Since the death with a reprieve hasn't been abolished, this paper will suggest how to improve it at present, so that it can play a positive role in limiting and reducing the practical implementation of death penalty.