The Death Penalty Substitutes The Measure In Chinese Choice And The Utilization

The death penalty is the oldest in human history, way of penalty, the penalty is also good at breaking the ancient times the most common form of punishment. Since the 18th century, with the legality, guilt and the penalty the punishment fit the humanitarian ideas have been established, human society calls to abolish the death penalty is getting stronger. Criminal legislation since the world has been further development of the playful, in the criminal legislation which focus more on humanitarian policy and human rights protection, in this trend, driven by the world's countries have abolished the death penalty. China has always been a severe penalty of cool country, attached great importance to the Special on the death penalty. After the founding of our country 79 years and 97 years in the Criminal Code did not abolish the death penalty, but added in 97 criminal charges of using the death penalty, this penalty with the playful world development trend of diametrically opposed, causing the academic community as well as our existing abolished the death penalty system is a controversy. But author's thought unified our country criminal offense still to be in one kind of high-pressured situation, premature will abolish the death penalty not to favor present stage our country to reform the time economy, politics and the social development. Therefore, while retaining the death penalty system in our country under the existing State, how to reduce the loss of humanity of the death penalty itself, avoiding the death penalty abuses cause social panic is the current issues of concern. Therefore, under the premise of retaining the death penalty system, and gradually find from the criminal law to punish and prevent crime, France, Italy, on the hopes of finding alternatives to the death penalty is the only way to avoid the death penalty abuse. Push death penalty abolition has been used scholars to forefront, followed of, some scholars on death penalty abolition of penalty alternative in which after death penalty presented her ideas and insights it. Also some scholars advocated in does not abolish in temporarily the death penalty situation, substitutes the measure by one kind of death penalty to reduce the death penalty to carry out immediately gradually in the realistic case use factor, realizes our country penalty system safeguard human rights primary purpose.In this article I will present alternatives to the death penalty advanced the concept of academic and practical case to find and choose the death of China's basic national conditions and alternative measures to mitigate the abuse of China's death penalty because the social contradictions, and gradually elevated part of the alternative measures with the death penalty, crime light but in line with the death penalty for offenses to build with Chinese characteristics, to explore alternatives to the death penalty system. By connotation of death penalty alternative measures introduced which leads to adapt definition of alternative measure connotation and existent dispute and lead authors will focus on adaptation of death penalty alternative measure suited is not abolished death penalty under death penalty alternative measures. Inquired into in our country history in the penalty system exists the death penalty substitutes the idea, appraises these death penalties to substitute the measure the advantages.Again in an instant observes our country at present the penal code and middle the criminal judicature practice whether has the existing death penalty to substitute the measure (postponed death sentence system), as well as our country death penalty system movement malpractice, suits the national condition the death penalty to substitute the system prominently to be established in our country with the utilization necessity. Reference to United States, and Japan two countries without the abolition of capital punishment established the death penalty in the context of alternative measures, the status quo, in turn, I made the choice and application of the death penalty in China three measures of alternative measures can be adopted.