On The Status And Improvement Of The Death Penalty In China

The institution of death penalty has been an essential part of the criminal law.As the specificity of death penalty,it has been regarded as the most active part in the study of criminal jurisprudence.Whether to abolish the institution of death penalty or not,and the orientation of this institution has ever been a conspicuous issue in both theory and legislation.In China, the institution of death penalty in force depends on the current situation and the historical origin.As an institution,the substance of death penalty is rational.However,it is necessity to restructure and perfect the institution of death penalty as the era varies,which is the issue the thesis tries to resolve. In the introduction and analysis of China's current death penalty institution, the thesis is in an attempt to gain a comparative comprehensive knowledge and recognition of the institution in order to assure the correctness,the rationality and the necessity of the reservation of the institution of death penalty.At the same time,the thesis points out the lacks of the present institution of death penalty and tries to find out some solution focused on the shortage,that are the ways as the reform of the institution of death penalty to adjust the state of China and the protection of human rights nowadays.With the study and research on theories,the thesis tries to promote the advancement in legislation and practice of the law,which aims at the achievement of the legal society.The structure of the thesis consists of four parts.First,it describes the fundamental theories of the substance of death penalty through the definition,basic features and functions which gives people a general knowledge of the institution of death penalty.Then,through the introduction of the present situations of death penalty in both abroad and China,esp.the legislation aspects,the enforcement of the judicature,and the explanations in China,the thesis paints related laws and the undertaking of the institution of death penalty.In addition,it comes the debating of the two opponent sides in both abroad and domestic societies,namely,the issues of abolishment of the institution of death penalty and the reservation of the institution of death penalty.In the brief description of the two opponent issues,the thesis introduces the views and ideas of the two issues and China's domestic institution of death penalty.Finally,the thesis gives out the attitude towards the institution of death penalty,namely,the institution of death penalty should be reserved but with the amendment and the perfection.One suggestion is to adopt some other laws as the restriction law.Together,the thesis gives out the suggestions and measures in detail to perfect China's current institution of death penalty.