On Limit Of The Objects Who Would Be Adopted Death Penalty

With the idea of human rights and life enjoys popular support, limiting or abolishing the death penalty has become a trend in the world. China has joined the World Trade Organization, foreign exchange will continue to deepen, the foreign idea of the death penalty gradually accepted by Chinese people. The voice of abolished the death penalty more and more strong in domestic. But the total abolition of the death penalty is not mature according to our conditions. We can restraint the applicable death this is the relatively rational and realistic option.China taken several measures to strict limited death apply, limit the object who would be adopted death penalty is a important way. China's criminal law specifies: who Under 18 years of age, when he commit a crime and pregnant women when be sentenced not applicable death.criminal law specifies Obviously inadequacies need further perfect. Criminal Law to limit the object who would be adopted death penalty is relatively narrow. For some special subjects to death is not to be provided. For example,the elderly were not involved in the criminal subject and the intoxicated person did not distinguish between different circumstances.Affected by the history and constraints by reality, Life imprisonment did not play well. In the trend of restrictions the applicable death penalty, difficult to take responsibility to instead of death penalty. In order to let life imprisonment replace the death penalty, life imprisonment should be reformed and re-build to adjust to criminal policy. Death suspended is a unique Criminal law system of China. Although Death suspended is not a separate type of criminal, as an important component of the death penalty, It plays a important role from life sentence to a free sentence in criminal. Death suspended in order to limit and reduce application of the death penalty and Implement criminal policy. Death suspended is not fully satisfactory, there have inadequate on real conditions and execution and commutation conditions, need to further regulate and perfect.This article by system demonstrating aims to expand limit of the objects who would be adopted death penalty, from minor and pregnant woman to old people and physiological drunker, to reduce the objects who would be adopted death penalty. Though perfect life imprisonment and death suspended to instead of death penalty. Through the above measures death penalty will reduced in China, achieve the purpose of restrict the application death penalty.This article includes a total of four parts:The chapter one,from submissiveness,purpose,human nature of Criminal law explanation theoretical basis of restrict the object who would be adopted death penalty. Submissiveness requires Penalty to develop and apply when necessary. If it is not necessary to be resolved through other means, then no penalties should be developed and applied. The purpose of punishment is divided into specific prevention and general prevention, The death penalty should also be investigated from two aspects. Submissiveness Calls for the prohibition of torture applies, respect for basic human rights of crime. From our current political, economic, cultural, social background, immediate and total abolition of the death penalty is not possible, As the supremacy of thought and life of human rights, the death penalty abolition has become the trend of the world. According to the situation of home and abroad, to take strict application of the death penalty is more reasonable and feasible.The chapter two, lists the rest of the world's laws apply restrictions on minor,pregnant woman,old people and physiological drunker, and Taiwan of China some of the legislative provisions. Such as Cuba, Hungary, Bulgaria,20-year-old starting age for the application of the death penalty. Paraguay provides for the age of 22 may not sentenced to death. Russia and some countries prohibit certain age sentence death penalty. China Taiwan region "the Criminal Code," Article 63 paragraph 1, persons under 18 years of age, not the death penalty or life imprisonment. But the item which also provides,271 prisoners under age 18, Clause 1 of the crime (that is, kill a blood relative and offense), sentenced to death or life imprisonment. In addition, Taiwan's region "juvenile crime law," Article 75 has similar provisions. Can be seen, Region Although people under 18 years of age in principle, the death penalty, but if killing a blood relative, then the death penalty may be imposed in China Taiwan. Also lists the international conventions applicable to these special subjects'relevant provisions of the Criminal Code.Through the above reference to the relevant legislation and regulations to improve the country on special subjects relevant provisions of the death penalty.The chapter three, Summarized minor,pregnant woman,old people and physiological drunker application of the death penalty status of the legislative provisions. For example, the provisions of the Criminal Law, under 18 years of age shall not apply the death penalty; Pregnant women during the trial shall not apply the death penalty; Mental patients in complete loss of capacity is not criminally responsible. Also pointed out deficiencies in the legislative. For example, the minimum age for the death penalty is too low; Pregnant women during the trial the death penalty does not apply the provisions of narrow period of the trial period should be extended; On the maximum age limit for the death penalty not provided for; The provisions of the intoxicated person who is too general and so on.The chapter four, from the three objects on the perfection of the death penalty applies to the legislative restrictions on recommendations. For not seriously endanger the public safety and personal safety of non-violent crimes and offenses and not serious crimes, can set the reprieve a necessary procedure. " Not to be executed immediately" should be clear, the death penalty should the conditions change from "an intentional crime" to "serious intentional crime." The death penalty on the immediate implementation period should be treated separately under specific circumstances. The reprieve both intentional crime during the period the performance of major meritorious service, divided into third gear according to the actual situation, taking into account the performance of great merit, made on the reprieve offenders to different treatment. According to the status life imprisonment, give a new vision, establish the relative and absolute life imprisonment. Definitely not for sentence reduction and parole life sentence, Relative to life imprisonment at least 18 more before the actual implementation of a sentence reduction and parole; Subject to special provisions applicable to the death penalty should be improved. The application of the death penalty, raising the minimum age for the death penalty while restricting the maximum age. Prohibition of the death penalty on pregnant women during the main and expansion. Drunk people on the death penalty should be treated differently.