On Limit The Application Of The Death Penalty In China

The death penalty and the trend of abolishing death penalty.The death penalty is a penalty method that deprives the Crimnals life. Death penalty is the most rigorous sentence imposed in the history of mankind, which means the killing of a person by the government as punishment for a crime. Its development also undergoes the rise and decline. Nowadays, the voice of world opinion against the imposition of capital punishment is becoming louder and louder and many countries have abolished death penalty, which accords with the demand of civilization of mankind because the imposition of death sentence is against humanitarianism.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.Our country has made a great effort to restrict death penalty in legislating and jurisdictional process, and achieved a big progress, but there are still some affairs that can not be neglected. That some vague, rigid and out- of- date regulations lead to the application standard in judicial practice declined. The phenomenon that rather sentence the defendant guilty than setting him free prevents the principle of "presumption of innocence" from putting into practice, all of which have a bad impact on the process of restricting death penalty. Therefore, we should reform and improve death penalty system from legislation and jurisdiction two sides.