A Study On The Abolition Of The Death Penalty Of The Non-Violent Crime

In the worldwide abolition of the death penalty and replace them with more civilized penalty has become the mainstream of academic knowledge of international criminal law point of view, but for the Abolition of the death penalty within the framework of non-violent crimes, not only to achieve the unity of the guilt of punishment and in line with the World's Cultures progressive trends and foster the development of world civilization, the rule of law. China's current penal code in many kinds of non-violent crimes have involved a wide range, the death penalty is set high rate characteristics, China's current Criminal Code, non-violent offenses and types of crime categories accounted for more than 80 percent of the total, and in Legal Sentence of the death penalty for all crimes is set among the non-violent crime, the total death count 60%, and we can see that China's non-violent crime in the disposal of the state the right to the expansion of its severe penalties. Although the national legislation, judicial practice of attack for the non-violent crime continues to expand, and even repeated use of the death penalty, the situation has not improved, but in the international on penalties in the non-violent crime, the penalty abolition of the death penalty has been basically reached a consensus. Knowledge is always preceded by practice, and then to guide practice, and then be tested in practice, with regard to penalties for non-violent crime, the penalty abolition of the death penalty is also true, criminal law, community drum up support for scholars, to non-violent crime, abolition of the death penalty wrote books, and the actively expand its influence and make it become the mainstream theory of criminal law. While the majority of criminal law in our country at present and in favor of the scholars are concerned about the restrictions on non-violent crime and even abolished the death penalty, but the system's theoretical research is not enough. I hope that through this article for non-violent crime, there is a systematic exposition, and the abolition of the death penalty for non-violent crime, the formation of a rigorous argument. This total through four parts of the non-violent crime, the death penalty should be abolished gradually addressed. The first part of the main parties to a comprehensive academic point of view of criminal law to make an overview of non-violent crimes, and China's current Criminal Code, the death penalty for non-violent crimes to make clear summary of the application. The second part briefly summarizes the function of the death penalty at the same time focused on analysis of the development of China's non-violent criminal history, historical evolution, and non-violent crime in the West, compared to sum up the death penalty legislation in the second part of the final summary of the current on the non-violent crimes the retention or abolition of the death penalty dispute. This part of the bright spot lies in China's current non-violent abolition of the death penalty applies to the social psychological barrier. The third part of them to economic crime, prejudice and social management order, crime and corruption and bribery as an example of a crime to talk about non-violent crime, the abolition of the death penalty. In this section, I come up with a convincing synthesis of the key data to apply the death penalty for non-violent crime, sexually inappropriate. The fourth part is the author of the innovations. In the fourth section, the abolition of the death penalty for non-violent crime, the penalty for an alternative set of measures carried out a detailed proposal, based on "gently heavy" principle, making the interface between the various penalties reasonable, gentle slope is conducive to the implementation. This the final out of the only conclusion is that as soon as possible by repealing the death penalty for all those who apply non-violent crimes, and to make timely amendments to the existing Penal Code and reasonable layout and build a harmonious socialist criminal law system, and reflects the fairness of punishment, criminal law as a The final barrier function of society, but also make China into the international development trend of being really underlines the responsible big power status.