Jurisprudential Thinking On Restricting Death Penalty

In this paper, the death penalty is the oldest in human history, the most demanding a mitigation. It is the earliest mature punishment. The death penalty is a kind of social historical phenomenon, is the class society characteristic of a violent act. In a long historical period, the death penalty as the principal punishments irreplaceable status. In 1764, the Italian jurist Beka Leah "on crime and punishment", the first question of the death penalty rationality. At present, most countries in the world is in the process of death penalty save waste arguing, abolished the death penalty.Nowadays, limit and abolish the death penalty has become the trend of the internationally recognized. Since the United Nations general assembly in 1989 passed the international convention on civil and political rights to abolish the death penalty in the optional protocol, the international on the question of limit and abolish the death penalty has achieved great progress, 160 countries or regions have abolished the death penalty or not executed in essence.In our country, at present does not have abolished the death penalty of substance and culture conditions. The constitution and laws in China attaches great importance to the guarantee of citizens’ right to life, for the death penalty is the basic policy of "retain the death penalty, strict control of death penalty, to prevent the wrong death sentence". It is "concerning combined with leniency" criminal policy in the aspect of death penalty. With the further opening of China, the increasing communication with different countries in the world and mutual assistance, in recent years, the attitude about the death penalty in our country also produced some qualitative change. The government took a series of measures to limit the death penalty in our country, strengthen the protection of the right to life. Dealing with this trend, we should adopt the dialectical, open attitude, promote government and society to revisit the advantages and disadvantages of the death penalty and the moment of gain and loss, advance an update, it is necessary, at the same time in the judicial practice should be "carefully", gradually promoting the rule of law progress step by step, also want to avoid unnecessary social movements. Therefore, the author believes that the death penalty policy of our country and our country’s social and economic development stage, is the embodiment of the present objective conditions. Because of the lack of necessary conditions of material culture, it is not appropriate to abolish the death penalty in our country. Reserved but strict limit applicable death penalty is reasonable policy choices. But should pay attention to the death penalty value thinking step by step guide, pay attention to by the Oriental culture unique inclusive combined with the present world human rights concept, focus on major specific case and the characteristics of the existing Chinese science and technology "the concept of the death penalty". In this paper in recent years, the supreme people’s court for a couple of death penalty cases, for example, the processing of Chinese present gradually strict limit applicable death penalty in the judicial level, proposed should further intensify their efforts to limit the death penalty and further restrictions on the death penalty of several measures are put forward. The full text is divided into four chapters.One, introduction. This paper briefly introduces the concept, origin, the death penalty and development trend of the contemporary international abolition of death penalty, which leads to the argument that China should further strictly limit applicable death penalty.Second,the first chapter. Briefly discusses the legal basis for the limit death penalty. Discusses the necessity of the protection of the right to life, the international trend of the abolition of the death penalty and the death penalty suitable pecuniary penalty, the death penalty is elaborated from four aspects: original efficacy limited basic argument in today’s society.Third, the second chapter. With significant judicial treatment of typical cases in recent years, the new development of the analysis on the limitation of death penalty in our country. Discuss the phases of the death penalty in our country restrictions.Fourth, the third chapter. From the present actual conditions, this paper discusses of the insufficiency in limiting the death penalty in our country.Fifth,the fourth chapter. puts forward the ideas of further restrictions on the death penalty. 1, promoting security in society, and the idea of respect for the right to life. 2, further to abolish the death penalty non-violent crimes. 3, to further improve the system of life in prison. 4, should be granted the right to apply for a pardon executed prisoners.