On The Legitimacy Of The Death Penalty

Death penalty, also named life penalty or capital punishment, is a punishment which deprives of the criminal's life, done by state. Since being born in the slave society, the most unmerciful and cruelest behaviour has always been in the top in the ancient and heavy history river, until modern time. However, the debate of reserving or abolishing of death penalty has always been going on with a bang, since Beccaria, Italian, the well-known expert of criminal law, suggested clearly that we should abolish the death penalty system in his famous works:"On Crimes and Punishment", in 1764. With the civilization and advancing of society, as well as the arising of human rights campaign, the international standards of limiting, even abolishing capital punishment have been upheld and promoted in the world.The life right is the basicest human right of people, and the basic huamn rights are universal and indispensable. Meanwhile, the death penalty deprives of the criminal's life. So, the conservation of life right exludes the death penalty.Our country didn't abolish the death penalty up to now. The arguments of reserving or abolishing of death penalty are always running in the academic field, which all experts and scholars have been analysing the death penalty from different aspects. In my paper, from the aspect of the law-ethics, under the sight of human righrs, I analysed and generalized briefly three different human rights theories: the native human rights, the solvent ones and the limited ones. On this base, my paper tries to point out the different opinions and its reasons when every human right theory confronts with the question of reserving or abolishing of death penalty, in order to demonstrate that the justice of death penalty is relative. The general idea of my paper is to draw out the relationship between the conservation of life right and the reserving or abolishing of death penalty, to provide some reference for the sake of completing the human rights theory interrelated to our everyone, and to prove the justice of death penalty, as well as exert myself to accelerate the development and reform of our country's punishment system.