On The Limitations And The Abolition Of The Death Penalty

The crime is a kind of complicated social phenomenon. It not only influences the peace of the world, and also is the outstanding problem of perplexing modernization of our country at the same time. In order to contain the upgrading and spreading effectively of the crime, the party in power and the government in various countries etc. have taken a lot of measures. Death penalty has been used as a kind of punishing and preventing means of the crime by ruling class all the time since slave society, and has been used that has not been suspected at all several thousand years. The death penalty becomes a hot spot of society gradually until the rise of the sport of the teaching and beginning in west. Since1764 the Italy famous punishment jurist Beccaria proposed that death penalty should be abolished and restricted for the first time, the battle whether death penalty should be abolished or not all the time is existence, but the problem of death penalty has not been really solved fundamentally. But the propagation of the human rights day by day, the life right is the getting more unalienable and as one of the " talent human rights ", and whether death penalty is abrogated or not should be closely related with important problems such as the intensity of social civilization, development level of human rights etc. too, and whether death penalty is abrogated or not should regard the historical tradition of society and country, a society idea, people's will as the basic foundation. In the modern legal society, the establishment and application of death penalty is extremely cautious. At present, the country that has already abolished death penalty in an all-round way and abolished death penalty in fact has already reached more than 100 countries, but the application of death penalty is more extensive in legal regulation and judicial practice in our country. It is not the same with the international trend obviously, and unfavorable to international judicial cooperation too. After the analysis of historical evolution and the current situation of death penalty in foreign, value of death penalty in our country, the author thinks our country should limit, reduce the legislation and application of death penalty, and that death penalty should be abolished too in the future.