Problems Of Death Penalty

Death penalty,is also called vital, or the capital punishment, it use the penalty method to eliminate the perpetrators life.The death penalty is including two kind of situations that the death penalty carries out immediately and the death penalty delays two year execution in our country. The death penalty carries out immediately is the universal law in many countries, it is also the death penalty's original meaning, and the death penalty delays two year execution for our country unique. The death penalty use the penalty way to eliminate perpetrator's life,for men's life is the most precious and can't restore after death, so the death penalty is the severest penalty in many countries. At the same time, the death penalty frightens the perpetrators strictly, and it is useful to maintain the social class rule, so the ruling classes are favored in each time.People to appraise the death penalty are mostly revolving the life value as well as the death penalty whether has the deterrent force or not, whether violate the constitution or not,whether violate the Principle of a Legally Prescribed Punishment for a Specified Crime etc,so many people think we should retain the death penalty but abolish it. To abolish the death penalty has already became one current and tendency from many country' situations.China has chosen to retain and limit the death penalty on our primary socialism situations,which is necessary to inherit our country's history and culture.To establish the death penalty system in the penalty ways has the strong social soil and the deep humanities environment in our country,and we have to choose to retain the death penalty in quite long time,and we should limit to use the death penalty.Our country has developed and reformed the death penalty system, and has established theSystem of two-year eprieve of the death penalty,and it is useful to maintain the human rights.This article is divided into three parts to elaborate Chinese death penalty system and the legislation,enables everybody have a more comprehensive understanding on Chinese death penalty system.Next, I introduce the suitable of the death penalty system in many countries, he so we can know the death penalty's existence is the common characteristic of human society.In human history that the death penalty has the vital significance and the function to maintain the rule and orders,although some countries have abused the death penalty, but reduce to use death penalty is still the main subject on the human society development. subject.Along with human society progress and know the death penalty deeply, it has been questioned on death penalty's existence,and many people want to abolish the death penalty.Now,many countries have abolished the death penalty or no longer to suit the death penalty in fact,but to abolish the death penalty has became a irreversible trend in the international penalty reform. Afterward, the author further elaborated the criminal law theorists save about the death penalty abandon the struggle, pointed out that the retention death penalty, abolishes the death penalty and the retention limit death penalty is suitable has its rationality, but our country according to the national condition limit, has adopted the retention and the limit death penalty suitable legislation spirit, our country and consummates the death penalty through the adjustment death penalty's applicable scope to reexamine and the executive routine and so on limits the death penalty, simultaneously creates various aspects condition positively, adapts gradually international in this question trend of development, abolishes the death penalty finally. Certainly, our country adopts the retention limit death penalty to have the vital significance suitably; first, "kills cautiously little kills", "may kill may not kill the firmness which does not kill", "prevents to kill wrong" the limit death penalty to conform to our country to treat death penalty's consistent standpoint. Second, the limit death penalty is advantageous in our country constructs harmonious social realization. Third, the limit death penalty is the adaptation international penalty reforms the trend of development the concrete manifestation. Therefore, is abolishing the death penalty already to become the trend of development which now the international penalty reforms, according to present death penalty system existence question, limit death penalty maximum limit excessively many suitable, and creates the condition to abolish the death penalty finally positively, this is also the adaptation international penalty reforms the trend of development the concrete manifestation.The second part to analyze the main problems on Chinese death penalty system and elaborate the important meaning of the policy to retain and limit death penalty.Now,the main problems of Chinese death penalty system are:First,the aggravating penalty thought is rooted deeply in the national heart,which is incompatible with the general trend that all the world to abolish and limit the death penalty.People have a strong dependence,superstition and worship on the death penalty,when they hear major criminal and economic crimes, the first feeling is that man should be killed,when they face some serious criminal cases are always to advocate the man should be killed.For the legislature put forward to reform,limiting and abolish death penalty after asking for experts and scholars, they are always against it with non-rational. Second, the government has pay inadequate attention to abolish the death penalty,and no schedule on abolishing the death penalty,Some provisions on the death penalty contravenes the basic principle of criminal law in the legislation, there is expansion of application of the death penalty.Third, the application of the death penalty in justice is not too serious and lack unity of the law should be.The third part gives some countermeasures and suggestions to perfect death penalty from the legal, legislative and judicial systems on the former 2 parts.In the Legal thought, I suggest that we should abandon the aggravating penalty thought gradually,and we should pull of humanism,respect human rights, being wary of the death penalty in the whole society. To further perfect suspension of death sentence,limit the scope of the death penalty,improve the system of imprisonment and life imprisonment in the legislation.The death penalty crimes should be care with stong humanities and executed civilized. At last,we should abolish death penalty gradually under the conditions permit. Of course, the application of the death penalty system in China is also facing some problems,such as the death penalty does not curb serious criminal crimes effectively,the scope of the death penalty is too broad,the death penaltys are easy interfered by the outsides,and it is can not correct once a person is wrong killed etc.This paper analyze the death penalty system from the perspective of history and reality in China,from which I can get some useful thinking, then I give some simple ideas in order to improve Chinese current death penalty system.