Restrictions, Said Of The Death Penalty And Evaluation

With the rise of development of international human rights theory and movement of world human rights, death penalty meets challenge,and the trend of abolishing death penalty becomes irreversible via many countries'practice. At present and for a quite long time later, our country does not possess any conditions for abolishing death penalty,however, this does not mean we can do nothing towards it. To our country, abolishing death penalty is a long and hard process which needs our efforts from now on. At present the application of death penalty in our county does no coordinate with international stream/trend which attracts our attentions to reexamine and change death penalty in our country.The writer analysis from the aspects of rationality and actuality in abolishing death penalty and finally draw the conclusion that it is unrealistic to abolish death penalty in china at present stage, however, it is necessary and also feasible to further restrict the application of death penalty in china. Based on legislation and jurisdiction, we should strictly control the application of death penalty at present stage in our country by focusing on procedural law and substantive law.This paper /dissertation includes four parts:Partâ… : based on death penalty policy, this paper points out that death penalty will be abolished, but at present stage it is necessary to retain death penalty. In addition, this paper think at present stage it is feasible to retain and restrict death penalty and it is the right choice for our present death penalty policy.Partâ…¡: this paper sums up the existing legislative situation in criminal law concerning death penalty in our country, and proposes that we should further restrict death penalty through legislation in order to strictly control application of death penalty, for example: reduce the object of applying death penalty, cut or abolish some criminal name for death penalty.Partâ…¢: in this part the paper analyses the jurisdictional application of death penalty in our country at present and then points out the existing problems. And this paper discusses the meaning of jurisdictional restrict of death penalty and offers...