Research On Humanity Ethical Concepts In The Proceeding Of Death Penalty Cases

Humanity ethical concept is one of the central values of ethnics, with a viewpoint that humans are the highest value, and everyone should be treated kindly as a man. As the rise of this concept, it exerts a growing influence in law, especially in criminal justice concerning the limitation and deprivation of human rights. Many countries'criminal law have set Humanity ethical concept as the basic principle. There are also a lot of Humanity ethical concepts in Chinese criminal law, but clear humanistic principles haven't established as yet. The research on humanistic principle is confined to substantive criminal law, so the area of criminal procedure law is still new, particularly on the death penalty proceedings concerning the cases in which the right of litigant participant may be infringed easily. Therefore, it is necessary to research onHumanity ethical concepts in the proceeding of death penalty cases in China. Taking the angle of Humanity ethical concepts , this paper collects the Humanity ethical concepts in the proceeding of death penalty cases, determines its unique connotation, that is respecting the life, the dignity, the affection and the nature of human. On these bases, this paper distinguishes the idea of justice between supports of human rights to define humanity moral's independent value. Considering the unique implications and value that the humanity moral has in the death penalty cases proceedings, the demand of rule of humanity modern criminal law and the cruelty of death penalty , to establish a clear humanity ethical concepts in the proceeding of death penalty cases is essential At the same time, the international criminal judicial criteria provides referential minimum international standards, and the legal culture of our ancient traditions and the humanity ethical concepts in modern criminal proceedings affords a feasible foundation of history and reality for the establishment of humanity ethical concepts in the proceeding of death penalty cases. But only establishing in the idea is hardly enough, to ensure that the concept would be performed well in the proceeding of death penalty cases, the humanity ethical concepts should be further systematized and the security of humanity ethical concepts in death penalty cases should be improved. Only in this way, can the application the death penalty be more humane and can human rights be further protected.