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On The View Human Rights Protection, The Death Penalty Is Worth Being Investigated

Posted on:2009-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y P DiaoFull Text:PDF
GTID:2166360245953569Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The death penalty is also called capital punishment. The death penalty is, in human history, the most ancient and the most severe penalty method. Over quite a long historical period, the death penalty was viewed as the way human society copes with crime. This solution to crime was the primary method. During the modern times, starting with the Enlightenment period, human rights were beginning to be discussed. The rational for which the death penalty exists began to be questioned.An Italian criminal law scientist, Beica Asia, has started over 200 years ago to abolish the death penalty. Across the world the debate over the death penalty is on the rise. In recent years, limiting the use of the death penalty or even abolishing the death penalty has become the international trend due to increasing international pressures. Is also precisely this joint international effort that is driving the human rights idea regarding the death penalty and the related renewal of this debate. Is precisely based on the above understanding, that this article, in the introduction of the death penalty's idea development, and the evolution of this idea, as well as the comparison of the Chinese and foreign death penalty system's, foundation to encourage the abolishment of the death penalty and provide the assurance of human rights. Also the change in the inherent laws and the evolution of the death penalty system. The inherent laws and the trend of development of the death penalty system are backgrounds. There are two schools of thought to the theorists and the educated legal world regarding the death penalty to carry on the analysis and the debate.Our country will certainly retain the death penalty and depart from the international tidal current, We will be unable to achieve the human rights and the basic safeguard. This will also counteract, in our country construction of a harmonious society and so on several aspects, our country will have to inevitability abolish the death penalty. But, because of a negative impact on our countries economic basis, the spiritual growth of our civilization, the political system's democratic system and the social situation and the realistic national condition, abolishment of the death penalty in one step cannot be achieved. Finally there are several proposed conceptual solutions using, innovation, the technical rules and regulations, the programmed control of the death penalty through jursidiction limitation, to progressively change our countries death penalty system. These solutions can further consummate the changes to the Chinese death penalty system.
Keywords/Search Tags:Human rights protection, Death penalty, Application of justice
PDF Full Text Request
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