Economic Analysis Of Death Penalty

At present, most countries in the world have already abolished the death penalty system at law or in fact. The limitted application of the death penalty has been the development trend of the death penalty system in the world. We have been in reflected in the MISDEMEANORS thought in the criminal policy, legislative and judicial status in China. Particularly in the judicial practice, there are still problems of arbitrary application of the death penalty, too broad the scope of the application, and the structural issues such as unreasonable. It has run counter to the development trend of the death penalty in the world, which would directly affect China's economic, political and other aspects of development in the international arena.Once the people committing the death penalty, they will be deprived of life. There are very intense debates about the death penalty both in the theory about the legislative settings, and in the judicial practice regarding the scope of application of the death penalty. On death penalty issues, many of the discusstions are from the perspective of sociology and law, from the values of fairness and justice. It is lack of empirical analysis; it was inevitable that it seemed to prove inadequate. In this paper, I choose an economic point of view, using the theory of economics and research methods to study the effectiveness of the death penalty question, and I will analyze the cost of the death penalty, in order to explore the costs of the death penalty and maximize the effectiveness of the death penalty.This article is divided into six parts, which are the introduction, research questions about the death penalty Literature Review, Economic Analysis of the death penalty, the status quo of the death penalty system in our country, the death penalty system in international comparisons and some of the recommendations on improving the death penalty system in our country. At the introductory remarks, the article elaborated on the aims and background, the meaning of death and the death penalty for economic analysis and research of practical significance.The first part is about study literature review of the death penalty. First of all, I will introduce the legal theary about the death penalty through foreign and domestic jurists regarding the retention or abolition of the death penalty dispute over the opinion's concluding remarks. Secondly, I will analyse the economic theory of the death penalty from the deterrent penalties by the general economic theory to the capital punishment, I will further the economic theory of the death penalty a deterrent to sum up. Finally, I will carry out theoretical studies of the death penalty assessment, so as to arrive at the application of economics principles and methods of the death penalty system to study the need.The second part is the death penalty for economic analysis. First of all, through the implementation of crime, crime costs and benefits of comparative analysis, we can draw the death penalty a deterrent powerful conclusion.Hence my conclusion: For a very small number of serious criminal still apply the death penalty.Secondly, from the general deterrent effect of penalties I will set up of the deterrence model, and then I will be in the prison system and a fine system as an example, the two optimal punishment probability and degree of punishment portfolio analysis, which concluded that: the application of the death penalty is not without limits, should be strictly limited the application of the death penalty. Once again, through the country between the judiciary and crime I will carry out an analysis of the game and concluded: the more severe punishment, but more is not conducive to crime prevention, and people may lead to the implementation of crime more serious crimes, the state and therefore will have to pay enormous social costs. Finally, I will take the acts of people to crime criminal law and the state to punish them as a transaction separately; the transaction will be punished as an idea of prices, and to find a combination of fines and imprisonment in lieu of some crimes the death penalty.The third part is on China's death penalty system analysis. First of all, I will elaborate on China's death penalty system in the legislative and judicial exist on a number of shortcomings and drawbacks. Secondly, I will analyze the cost of death penalty in our country, which concluded that: whether it is from the proceedings on the application of the death penalty or the death penalty on the implementation of the procedure, the death penalty costs are extremely high. Once again, I will analyse alternatively the death penalty in our country, through the cost of imprisonment and a fine analysis, come to the conclusion: The combination of imprisonment and fines to replace the death penalty.The fourth part is the death penalty system in international comparison. First of all, my comparative analysis of three typical cases of China and the United States, come to the conclusion: the death penalty in China and the United States enormous differences exist.Secondly, I introduce the advanced experiences of the United States and Japan in the application of the death penalty and the cost analysis of the death penalty, whose reform of the death penalty is an important reference for our contry.The fifth part tells a number of recommendations about the death penalty system to improve in our country. I will make propose to restrict the death penalty separately from a criminal policy, legislative, judicial and social concepts in this part.