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The Death Penalty Control Legislation

Posted on:2008-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q H YinFull Text:PDF
GTID:2206360215960503Subject:Law
Abstract/Summary:PDF Full Text Request
Death penalty is also called life penalty or capital penalty ,i.e. the ruling class terminating a criminal's life in the form of law to punish criminals and prevent crimes. Generally ,the existence of death penalty is a theory based on the establishment and existence of a state or a theory deriving from retributivism in the social ethnics and preventionism in the penal legislation. Death penalty,as the oldest and severest of all penal laws,has always been used by the ruling class at home and abroad,effectively solving the temporary irreconcilable social conflicts,i.e.previously the behaviors of an actor defined as committing crimes,which is then applied for death penalty,lastly attaining the rational deduction of death penalty.However,any behavior endangering a regime may be defined as committing crimes and death penalty will be applied.Then is the stability of a regime surely examined by the amount of death penalty?If not,the death penalty will be inevitably abused.The theory of retributivism is convincing when death penalty is applied to punish criminals who illegally deprive other people's life and it also provides premises for limiting death penalty,i.e.eradicating the application of the illegal deprivation of other people's life,otherwise it would not be equal or just. In terms of precautionism,whether death penalty can be intimidating,esp.to those impulsive criminals,is a question,so the rationality of the aim of death punishment can not explain the rationality of the methods of death penalty.Especially,death penalty is meant to deprive a "doer" of his or her life,so rectifying a "doer"becomes meaningless.Marxism's theory of economic base and superstructure tells us that,with the development of the social productive forces and the obvious increasing economic globalization,mankind's realization of death penalty has also taken profound place,so a lesser punishment and the humanity of penal punishment is a necessary requirement for modernized countries.Under the premises of the continual perfection of our nation's socialist marketing economy in line with the international ones,subsequent calls have been made for reforming our country's laws,rejecting the ideology of death penalty and establishing progressive penal thinking model and establishing a harmonious society and a harmonious world. So the limitation of death penalty and its ultimate abolition has been a strong voice for making laws concerning death penalty.
Keywords/Search Tags:death penalty, legislation, control
PDF Full Text Request
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