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Research On Death Penalty In China

Posted on:2010-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:D YangFull Text:PDF
GTID:2166360275953647Subject:Law
Abstract/Summary:PDF Full Text Request
There are 129 countries and territories de jure or de facto abolished the death penalty in the world till 2006,and there are only 68 countries and territories retain the death penalty.The abolition of the death penalty has become an international trend, but up to 95%of Chinese opposed to the abolition of death penalty.Where will the death penalty go from here in China? Both the people who support the abolition of death penalty and the people who are against usually draw totally different conclusions from the same reasons,such as deterrent function,the prevention function, humanitarian,social contract,economical criminal law.The debate about abolition of death penalty is intense and two arguments cannot persuade each other.The author argues that death penalty will be abolished finally but cannot be abolished recently on the reason of Chinese traditional legal culture.The death penalty is a part of the legal system,and it depends on not only the economy and politics,but also the legal culture.Legal culture is the spirit of the law, and is a summation of the group recognition of the rights and obligations,evaluation, attitude and behavioral patterns those are accumulated and constantly innovated in the process of history.If you ignore the legal culture and the public attitude towards the death penalty,death penalty will not be able to get people's respect,affirmation, acceptance and compliance,and it will exist in name only.The author's opinion is that the death penalty in China still has a deep national sentiment,and we cannot abolish the death penalty immediately.The immediate abolition of the death penalty cannot express the real needs of society.If we want to abolish the death penalty smoothly,we must create a new legal culture,rebuild the people's view on the death penalty and raise people's respect for the rights of life.The political leaders and scholars should play an important role in it for the eventual abolition of the death penalty.
Keywords/Search Tags:Death penalty, Traditional legal culture, Reservation of death penalty, Rebuild, Conception of the death penalty
PDF Full Text Request
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