Rights Of Death Criminal

Death penalty is the capital punishment that aims to take away life of a person. As the human society developed and people tend to be more and more civilized, the thought of tolerance substituted revenge, thus, the call to abolish the death penalty-the cruelest punishment in the history, is gaining momentum. Many countries in the world have already abolished the death penalty completely actually or in form.Many scholars of our country advised to abolish the death penalty, but the implementation of death penalty in our country can not be abolished or freezed now or in the future even in a long time due to traditional economy,politics,culture and awareness of the masses of our country. Thereof, the problem of the right of the criminal who sentenced to death was brought up. In August 1998, the government signed the International Covenant on Civil and Political Rights. In 2004, the fourth Amendment to the Constitution added the clause "the government protect and guarantee human rights". In 2007, the Supreme Court withdrew the right to review death sentence, and many social affairs involve the right of criminal sentenced to death occurred at the same time, so, wide social attention and discuss caused. Due to matters relate to social morality and ethics,laws and policies and the lack of protecting mechanism of criminal who sentenced to death , operations in judicial practice are different and region development is uneven. Hence, all those give rise to our consideration.For the reason, this text aimed to analyze the rights of death criminal from three aspects: basic theories of death criminal's rights,content of death criminal's rights,establishment of death criminal's rights protection system. Through the specific research, the author try to assemble the scattered rights of death criminal ,include criminal rights,civil rights,political rights and economic rights, which appeared in various books,thesis and other materials, add the author's research findings and consideration about the rights of death criminal in recent years, then sort out the rights and finally get a systematic conclusion an applicable suggestions . The author hopes that the researches and the suggestions can be of help to establish and perfect the China-charactered death criminal's right protection mechanism.The author hopes that the text will stimulate more ideas from others, and hope that more people will give attention to the death criminals as well as their flesh and blood and family. We should give solicitude to the criminals and give them the due relief and protect by establishing death criminal's right protection mechanism. Hope that will eliminate the social danger and reduce the bad effect to the least. The aim of modern criminal law is not to punish but to prevent, the final goal of it is to educate the masses to " cherish life,apart from crime". Base on the constitutional spirit of "government protect and guarantee human rights", to signify the concept of "life first" and to preserve social peace and stability, we should make continuous effort to establish a socialism harmonious society.