China Standards Of Death Penalty

In this paper, first of all, the definition of the death penalty begins to apply standards, standards that apply the death penalty is the death penalty applies to entities required to satisfy the conditions of the conditions and procedures.And then the death penalty demonstrates the significance of the application of standards and establish the basis of research. Then in the overview and reflection on the death penalty in China to apply the existing standards of the relevant legal provisions and judicial practice, the problems existing in the law in entities such as "extremely serious crimes," the detailed standards and criteria for death with reprieve reprieve of the execution period ; in the procedural law of procedural norms, such as too simple and abstract, can not meet the "Civil and Political Rights Convention," the minimum standards.After I put forward its own standards on the death penalty applies in the physical conditions and procedures recommended under the conditions of perfect: perfect in the physical conditions of the proposed, with emphasis on a "very serious crimes," the connotation that the objective should be against it, including the most serious consequences the defendant's subjective extremely vicious and Personal Dangerousness and that "the most serious crime", the author believes should be in line with international standards, it is necessary to gradually exclude the non-violent crime. Second, "not to be the immediate implementation of the criteria, such as Personal Dangerousness, whether or not the fault of the victim, the case of common crime to classify the nine. Conditions in the process, stressed the need to improve our application of the death penalty due process, to achieve the legitimate rights of crime to exercise, build absolution of the death penalty system, to retain the death penalty to correct the possibility of truly great importance to the effective implementation of procedural law. On this premise, the realization of China's "kill fewer, kill carefully" penalty purpose.