The Death Penalty Abolition Of Problems To Explore

About the reservation and the abolition of the death penalty, the paper mainly from the three areas discusses. The first part of the paper is focus on the reservation or abolition of death penalty. Focus (1): Whether the death penalty is barbaric and cruel punishment. Repealing commentators argue that the death penalty is the barbaric habits and the primitive times legacy, incompatible with the modern civilized society, goes against the trend of the evolution of society, advocate the use of life imprisonment instead of the death penalty. The author argues that the means of implementation of the death penalty is from barbarism to civilization gradually and the death penalty is no less cruel than life imprisonment. Focus (2): The death penalty for individual prevention is necessary or not. Repealing commentators argue that the objective of individual prevention will be able to achieve if the death penalty is substituted by life imprisonment. The author compares the death penalty and life imprisonment to prove that the death penalty for the individual prevention is entirely necessary. Focus (3): The death penalty is a general deterrent and special preventive function or not. Repealing commentators argue that the long-term inflict is more deterrent than the death penalty and is better able to achieve general preventive effect. The author from the death penalty's itself characteristics to prove that the general deterrence and prevention function of the death penalty has better result than inflict. Focus (4): The death penalty is a necessary means of retribution or not. Repealing commentators argue that the death penalty can not make up for the damages of the victims and their families. The author through the analysis of a case proves that the death penalty is necessary for retribution. Focus (5): On the problems that the misjudgment of the death penalty is difficult to be corrected and whether the death penalty is discriminatory. Repealing commentators argue that the two problems are the defects of the death penalty and advocate that the death penalty should be substituted by inflict. The author believes that the misjudgment and discrimination is a judicial problem and not attributable to the death penalty system itself, so it is not the reason to abolish the death penalty. Focus (6): The death penalty violates the human rights or not. Repealing commentators argues that the right to life is a person right from birth, it is sacred and inviolable, and the existence of the death penalty denies the humanity and human rights. The author respondsthat the death penalty maintains the social and public interests and protects the victims' human rights.The second part of this paper discusses the rationality of retaining the death penalty. The perspective of this part include: the retention or abolition of the death penalty is completely copied to international law or from the actual domestic conditions; death penalty is the result of killers free will of; application of the death penalty is in line with the requirements of the theory of evolution; application of the death penalty is a necessary means to prevent lynchings; retaining the death penalty applies to the public's requirement. Finally proves the reasonableness of the application of the death penalty to non-violent crimes from the punishment function of the penalty.The last part discusses the direction of the death penalty reform in China: reserves and restricts the death penalty, but from the judicial point of view and not from the legislative point of view. Restriction on the death penalty justice can be initiated from the following areas: the definition of the meaning of "extremely serious offences " to restrict the application of the death penalty; clearly definite the conditions of suspended implementation of the death penalty to limit the number of immediate death penalty implementation; reforms the proving standards to limit the application of death penalty; to the amount committed, the crimes that many times committed are non-cumulative, but are separately sentenced and given combined punishment so as to reduce the application of the death penalty.