The Reflection On Retention Or Abolition Of China's Death Penalty

Death Penalty, as the most severe penalty of human penalty system, through criminal proceedings in the name of the state, deprives the offender's life. Death Penalty as a penalty of law has being developed for a long time, it seems to commit a significant burden from start to finish. Microscopically, exertion of the death penalty safeguards the rights of victims, to fill mental damage of the victim or their relatives, to achieve the individual justice. Macroscopically, death penalty assumes responsibility for punishing offenders, preventing crime, and thus maintaining social stability and promoting orderly development of social, to achieve social justice. But down the ages, in practice, the death penalty was applied from many countries to only a few countries, the trend and the progress of the times, a highly developed civilization is inseparable, particularly international human rights. Now, most of the nations have already abolished capital punishment, only 58 countries still apply the death penalty on crime. China as a world power, 68 kinds of imputations of death penalty are still retained in penalty system, and some imputations are still to be frequently applied, such as intentional homicide, intentional assault, robbery, corruption, bribery and so on. Compared with other countries, China is the country which applies so much death penalty, no matter what legislation or judicature. In this reality, Chinese scholars have made positive efforts and appeals. The Death Penalty is applied widely, which dose not match with great power status of china.In the current death penalty situation, Chinese scholars commit themselves to death penalty research. Some of them consider that the death penalty should be abolished, even in our present national condition. Their basic argument is that capital punishment violated the spirit of humanitarianism, and should be abolished. Like Professor Qiu Xinglong. But the scholars who appeal to abolish death penalty are not many, even very rare. Some scholars believe that the death penalty should be abolished, but the death penalty in our country still takes the responsibility for punishment of crime, crime prevention. If now, China abolishes the death penalty, which will lose public support, and causes social chaos. However, these scholars advocate that legislation and judicial should restrict the death penalty, and advocate that the death penalty should be abolished about non-violent crime. Because non-violent crime does not endanger human life, the death penalty is not justified for this kind crime. So, Theory of restrictions and of the death penalty abolishment in part is the view held by most scholars in China.In the context of this issue, this paper attempts to argue that the death penalty should be abolished from another point of view.The first chapter introduces the situation of death penalty and the concept of the death penalty abolition of scholars at home and abroad in detail, Through these presentations, we can better understand China's death penalty system in China's current judicatory stage, and as theoretical basis for the next chapter.In the second chapter, I demonstrate that the costs of the death penalty. The death penalty which deprives the life of crime seems to show a lack of the theoretical foundation. Accurately, the existence of the death penalty leads to a variety of side effects, because judicial procedure is not very developed in China, so the use of the death penalty may result in judicial injustice, not only will lead to public rights of dishonesty, but also may result in injustice. Although the death penalty can punish and prevent crime, but as the most serious penalty of life, may lead to the crime who no longer cares about any consequences, endangers more people. Capital punishment is hard to avoid very obvious side effects that lead to frenzied criminals. Although the death penalty for offenders achieve individual justice, but is disadvantageous for fighting against serious crime, because the use of the death penalty may result in the disappearance of evidence of a crime, especially for criminal groups, the reservation of criminal life makes for anti-crime. Meanwhile, the death penalty would result in significant intangible costs, killing a man is not equivalent to eliminate his criminal capabilities, to ensure social security. It will lead to despair and resentment of the accused family, especially judicial procedure of the death penalty is not enough just, it will cause the decline of a family and affect the viability of a family, young children's growth. Large scope of the mind enveloped by the death penalty, is easy to overlook, but it is worthy of our full attention and study. Retaining the death penalty in our country, in fact, runs in the opposite direction with international trends. In the international criminal justice cooperation, Retention of death penalty is not conducive to fight against crime, for instance, some offenders in corruption carry enormous amount illicit money to country that has abolished the death penalty, but he will not be extradited back to China, this phenomenon may relate to the country's economic interests. Finally, a problem must be mentioned that is the relationship between capital punishment and the crime rate. In fact, the death penalty affecting the level of criminality has not enough evidences. To sum up the entire contents of the second chapter, the death penalty is a lack of some basic ground, even if from a utilitarian point of view, its role is not so worth looking forward to. When a country does not give up death penalty and look forward to the death penalty for deterring crime, maintaining social order, the country may need to seriously think about the social causes of crime.In the third chapter, I link death penalty to our country's basic condition, to analyze the relationship between them. Mainly through material civilization, social costs of penalty, public opinion and the deterrent effect of capital punishment, to demonstrate that abolishment of death penalty is feasible in China. Life is not invaluable. Material civilization and social costs of penalty are not the factors that influence abolishment of death penalty. Public opinion, as a social consciousness, is so nonrepresentational and irrational that can be not regarded as an important factor to hinder abolishment of death penalty. The government should guide public toward rationality and science with advanced, scientific and reasonable social consciousness. In addition, the deterrent effect of capital punishment lacks for enough digital evidences. So, death penalty, as a human extreme penalty, originates from ancient vengeance theory, with the development of society, abolishment of death penalty is inevitable. The forth chapter is called a major innovation part of the paper. This paper argues that crime is a social phenomenon, can not be avoided. But the social causes of crime and institutional improvement we need to think, so and so only, we can radically reduce crime. However, the death penalty that takes precautions after suffering a loss does not fundamentally reduce crime. Therefore, the state can not punish crime as main aim and ignore social system construction. Therefore, the state should choose to repeal the death penalty with the courage and wisdom, at the same time, conduct system construction, and correspondingly adjust the unreasonable penalty system. This is the fundamental policy to prevent crime and build a harmonious society.Finally, in conclusion, I still emphasize that the death penalty should be abolished, although under the current conditions in our country. If a country where the judicial system are not sound enough, existence of the death penalty is a dangerous signal.