Font Size: a A A

Execution Procedures

Posted on:2006-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Q WangFull Text:PDF
GTID:2206360182460056Subject:Law
Abstract/Summary:PDF Full Text Request
Since it's impossible for our country to abolish death penalty in a long period of time, it's urgent to maximally embody humane concern and humanity spirit during the process of execution to make it conform to the norm and procedure. It's also a reality that our country has to face during the process of gradually advancing to legal civiliazation .There are great differences in many aspects of the procedure of execution of death penalty system at all times and in all lands bacause of the difference in cultural background, historical traditton, ideology and nationa conditions ,but we can still find ourt the dundamental thread of humanitiy developing from barbarousness to civilization and from cruely to humanity. There are many different origins for the legislation of the executing procedure of death penalty in our country after the founding of the PRC, so it's difficult to find out a clear sequence of development. However, we can still find out the guiding principle of protecting human right which gradually embodies in the process of death penalty execution procedure in the history of legeslation in recent 50 years.The death penalty execution procedure in our country starts from carrying out death penalty oder, and ends up with the completion of the relative matters after the execution. The purpose of the content is to carry out the death sentence determined by the effective legal document and the kernel is to deprive the death criminal of the right of life. The whole process embodies the basic characteristics of caution, strictness, and quickness.During the process of death execution, the implied conception has the common characteristic of a general criminal case but it also has its particular requirements differeint from the a general criminal case which includes correct understaniing the conception of theprocedure ,effficiency and justice,etc. in the process of death penalty execution;and in the process of execution,we must stick to the ideology of human right protection and equality,etc.The drawbacks of the procedure of executing death penalty in our country mainly includes the pluralism of the bases of executing death penalty, lack of standard in the death penalty execution, no transparency to the operating method of death penalty execution, improper treatment of the death crinimal's body,an other deficiency such as lack of humane spirit in th procedure of death penalty execution.To perfect death penalty execution procedure , we should strengthen the construction of avoiding making mistakes to better embody the idea of cautious execution; take back the right of death penalty examination and approval to realize the goal of limiting and reducing application of death penalty; perfect the decision procedure of the method of death penalty execution,and increase transparency of the choice of death penalty execution; suppl iment relative stipulation about the treatment of the boby of the executed after the execution to fully protect the right of the executed ;add procedure of remission in the procedure of death penalty execution and perfect death penalty execution as well as humane measures in other processes.It's not only a legal issue but also the protection of common human dignity to fully protect the basic right of death penalty criminal in the process of death penalty execution because, as an individual of human beings , it's of the same importance to live and die with dignity.
Keywords/Search Tags:death penalty, execution, procedure, study
PDF Full Text Request
Related items