Troubleshooting Of Some Misunderstandings In Arguments Of The Death Penalty

Unexpected, as Shakespeare's Hamlet in the same article, the issue of the death penalty has to be or not to be into confusion. It had become a hot focus of criminal jurisprudence theoretical circle at home and abroad, there is two reasons for either side: The first place, the death penalty is a impact on the lives' legal system, and life is the foundation about we exist in the real world; The second place, at home and abroad in several thousand years history of the penalty, the death penalty has been no controversial occupied the core position for penalty system, looking back the human history, we must not overlook is the death penalty. However, Since Italy genius penal jurists Cesare Bonesana Beccaria's(1738—1794)world works "On Crime and Punishment" born in the world, more and more people feel doubt for the existence of the death penalty. In recent years, according to actual conditions and judicial practice in China, our scholars had put forward their views on the question of the death penalty. In my opinion, the death penalty is not a single legal issue, it based on our historical, ethical and cultural accumulation for the criminal policy option. Although we promote to use rational approach to inspect the question of the death penalty in China, this does not refer only to the death penalty own rational reason, it is looked at the realities of China's development and rational. How keep this rational concept in the current death penalty system has the great realistic significance about penal reform of China.The article consists of three parts:Section 1: The author cited several major misunderstandings of the current issue for the death penalty debate in China, these errors mainly manifested in the retention or abolition of the death penalty debate and among the mainstream perspective of "restrictions on the death penalty". Turning to the issue of the retention or abolition of the death penalty, many scholars through a lot of aspects, as the international trend, the state power, the concept of human rights, economic costs, error-correcting injustice and public opinion, they made their own analysis to against these mistakes, but the author kept the different views from the holders of scholars in this respect. In addition, with the "restriction of the death penalty", the author put forward several views from the ideological foundation and the reality methods of operation.Section 2: The author talked about the deterrent effect of the death penalty. Although we have used a lot of empirical methods and the practice data to prove the death penalty or not, but deterrence of the death penalty exists in people's hearts, so we can not prove from the perspective of empirical evidences, for this reason, on the issue there were two distinct points in the theoretical circle. The author use the analysis of the assumptions proves, through different countries to explain the death penalty deterrent effect on the various performances, it indirectly proves the existence of the death penalty deterrent effect. In addition, the author analyzed the variable by the impact of the death penalty deterrent effect in this section, and took into account the conditions and factors which made the death penalty a deterrent effect have more effective.Section 3:With facing the current judicial practice in the implementation of the death penalty excessive, and it had far form our country's policy of the death penalty, the author put in the criminal policies ideas, the people's the sensitivity of the death penalty, the standard of death penalty cases, the scope of application of the death penalty, training right "the concept of staying execution death penalty", establishing a rational crime ladder system, as well as death-row inmates pardoned several aspects of the improvement views. Hope these the concepts of the death penalty once again return to the death penalty criminal correct policy, make China's death penalty system to be further improved, and establish the harmonious criminal rule of law, attempt to achieve the goal of building a harmonious society comprehensive social objectives.