The Legislative And Judicial Control Of The Death Penalty In China

Death penalty has always been one of the most important measures of criminal penalties since the day it was created by human being. No one had presented any doubt about the justice, impartiality and reasonability of death penalty until in 1764 Mr. Becalia, a criminologist of Italy present the cruelty, inhumanity and impossibility of the kind of penalty. Ever since then a dispute of whether to abolish death penalty was opened all over the world and along the history. During recent several decades, the dispute was heated in an unpredictable high level. The system of death penalty was intensively discussed about. Some countries including all of the European countries have abolished death penalty. And it has become a trend for the whole international community to abolish death penalty. China is one of the biggest countries who apply death penalty. This essay will discuss the develop trend of death penalty in China through a discussion of the local situation in China and the development of international criminal policies.In this essay, the author tries to make an introduction and analysis of death penalty in China in order to help the reader to build an overall understanding and to probe the problem in an instructive way. The essay consists four parts. In first part, the author presents the history of death penalty of China and the current legislation of death penalty through a comparison of the"Criminal Law"in 1979, and the revised"Criminal Law"in 1997. In the second part, the author explains that it is an unavoidable trend for the international community to abolish or to restrict the application of death penalty. In the third part, the author tries to find a better way for China on how to reform its death penalty under the international circumstance of abolishing and restricting death penalty. A good way for the modern China in which the abolishment of death penalty is impossible is to restrict the application of death...