The Study Of The Abolition Of The Death Penalty Of The Theft Crime From The Perspective Of Human Rights

Human right is the reason why people should be well right. Today, the respect and protection of human rights is the common belief around the world. The right to life recognized by the international community as a basic human right is the right of the people at the most basic position. With the development of international human rights movement and the development of the theory of international human rights, protecting the right to life of crime is increasingly becoming concerned about the problem of national laws. In the treasure life, protect the right to life is increasingly becoming the United Nations International Covenants On Human Rights and the international community is committed to the aim pursued by circumstances, restrictions and even abolition of the death penalty has become a breach of an international trend.Crime of theft as a hair of many common crimes, has always been the focus of their criminal legislation to combat. However, the criminal law to protect society at the same time, can not be citizens, including gross violations of human rights offenders. The death penalty as the most severe penalty, it is only in the distribution of rights and the death penalty violated the rights of people deprived of their crimes similar to crime, and it has a reasonable justification. Theft of property crime as a type of crime, which constitutes a crime not included in the basic factors of violence, its victims can not be evil"lethal or other extremely grave consequences of a deliberate crime"and other crimes the death penalty should be mentioned in the same breath, such as its imposition of the death penalty, contrary to the basic concept of human rights protection.March 4, 2004"People's Republic of China Amendment to the Constitution"Article 24 states:"Article 33 of the Constitution added as a third:'the state respects and safeguards human rights'."Our Constitution provides that,"respecting and safeguarding human rights", no doubt with the political, economic, social and cultural development, as well as the progress of the cause of international human rights is closely related to. Implementation of human rights protection can not be separated from the function of criminal law to play. As the country an important part of the rule of law, criminal law directly related to the basic human rights of citizens, human rights protection is the concept of criminal law the basic requirements of contemporary criminal law is an important function of the content of the implication. And thinking of my country because of heavy influence on the crime of theft can be punished by a maximum death penalty, which is a clear violation of the basic requirements for the protection of human rights.At the implementation of criminal law to the protection of human rights crimes must be balanced on the penalty, and penalty is leisurely as well as penalty humanity, but this has decided to steal the crime to abolish the death penalty, implements the theft crime legal light punishment, and plays great attention on the fine punishment to utilization.