On The Standard For Applying Death Penalty

Under the primary guideline of the death penalty policy being "confined" and "discreet", within current and an extended period of time into the future, the conditions for abolishing the death penalty will not be completely satisfied in our country. Considering the practice of the death penalty still bears its own rationale and meets the necessity to a certain degree, diligent studies within the criminal procedures should be focusing on defining the specific standards for applying death penalty. Due to the delineation of the general applicable standard, "crimes being extremely severe", carries a certain ambiguity and makes it difficult to interpret it into specific procedure benchmarks, it's also difficult to qualitatively measure the severity of a crime that could be qualified for death penalty. Therefore, deriving a set of specific, actionable criteria based on the general standard and making it easier to be carried out is crucial to handling judicial practices as well as protecting human rights. Building upon the foundation of explaining the purpose of the criminal law; referencing to basic propositions and theories of restricting death penalty applications in academia, the paper proposes meaningful explanations on specific laws and regulations related to death penalty applications in order to obtain tangible effects on death penalty restriction.