The Study Of The Death Penalty System Under The Criminal Policy Of Tempering Justice With Mercy

The criminal policy in our country, from "combining repression with leniency", "combining punishment with leniency" to "strike hard", develops with social progress and situation changes. In the new historical period, the criminal policy of tempering justice with mercy comes into being. Under the goal of building a socialist harmonious society, the criminal policy of tempering justice with mercy, as a policy of overall importance in criminal law field, is established in the programmatic documents of the ruling party, which indicates that in the aspect of conceiving tactics, the party and the country has gained a big advancement in rationality in the fight against crime. Accompanying by it, the death penalty system in our country also undergoes a development of twists and turns, from "kill less, kill carefully" advocated by Mao Zedong to "retain death penalty, strictly control and carefully use it".To China's national conditions, in a short term, death penalty will not be completely abolished. However, through the reform of death penalty, we choose it, in the meantime; we can limit the number of it, give more stringent control of it, and use it more carefully. The overall step to advance to light punishment conforms to the requirement of the criminal policy of tempering justice with mercy, but further improvement is still on a long road. This thesis introduces the criminal policy of tempering justice with mercy, reviews the death penalty system in our country, and makes every effort to form a relatively comprehensive understanding of the death penalty system in our country, and then reflect and analysis gains and losses of the current death penalty system under the criminal policy of tempering justice with mercy, probe into building a more perfect death penalty system, so that to adapt to our contemporary conditions and the process of modern civilization.This thesis consists of three parts. The first part, through carding the development of the criminal policy of tempering justice with mercy in our country in a systematic way and reviewing of the historical evolution, practice conditions and development prospects of the death penalty system in our country, to understand and grasp the development path of death penalty under the direction of the criminal policy of tempering justice with mercy in different historical periods of time and realize that the criminal policy of tempering justice with mercy is the choice of times.The second part, explain the basic meaning and time value of the criminal policy of tempering justice with mercy, elaborate its directive meaning to death penalty system, and on the basis of previous development and innovation of criminal policy, explicit that the criminal policy of tempering justice with mercy pays more attention to the coordination of justice and mercy, and light punishment. Combining the demand of times of the criminal policy of tempering justice with mercy with the current death penalty system in our country, although in many aspects it reflects the basic spirit of combining punishment with leniency, in terms of legislation, or administration of justice, there are still many disadvantages.The third part, on the basis of a comprehensive analysis of the current death penalty system in our country, put forward reflection on further improvement under the guidance of the criminal policy of tempering justice with mercy. In legislation, on the basis of a whole emphasis on light punishment, but will not exclude heavy sentence in local practices; in judiciary, using rigorous and tight procedures to ensure moderate and tolerant entity, hoping in entity and procedures to establish a more perfect death penalty system and make it tally with the actual situation in our country.