| As a punishment of depriving the criminals of life, the execution system of death sentence has embodied the guarantee of human rights and level of sound rules of law in a country. By making a general survey of history in each country, the reform in the execution of death sentence has been a milestone in the progress of rule of law. In our country, the execution system of death sentence includes relevant legislation, applied accusation, execution mode and executive procedure etc. of the execution of death sentence, to be specific. The Criminal Law of the People's Republic of China revised by the Standing Committee of the National People's Congress in March, 1996 has been a significant turning point in the execution system of death sentence in our country in that the execution by means of medicine injection has been incorporated into the articles of law for the first time. Item two of the 212 Article in the new Criminal Law has stipulated that a death sentence shall be executed by such means as shooting or injection. This provision on execution of death sentence has smashed the unified situation of death sentence in China since the establishment of state and is an important reform on the execution of death sentence. At the same time, a two-year suspension of execution in China is a shining point in the execution system, also a system peculiar in our country. It just threatens the accused of depriving the life without depriving his life really. The wide use of suspension of execution is playing an important role in restricting death sentence and standardizing its execution. The series of reform on death sentence execution in China has drawn worldwide attention. But we must realize that the execution system of death sentence in China is still facing many practical problems in terms of legal and judicial practices such as whether the death sentence should be still kept in China, whether the applied objects and standard of execution should be made explicit further by legislation, whether the condemned criminal should be given the option of execution mode and the right of applying for a commutation of sentence and pardon, how should the injection be applied equally and how does the country standardize approval and review procedure of death sentence etc. The implementation of death sentence is the most direct embodiment of social justice. Therefore, as the law is getting sounder, discussing reform on the execution of death sentence in our country is of certain theoretical significance and practical value, which is in line with the development requirements of the time. The thesis has analyzed the status quo of execution of death sentence in our country from the points of relevant legislation, applied accusation, execution mode, execution procedure, stay of execution system, further exploring and perfecting approach to the execution system of death sentence in our country. It is made up of four parts with over 40,000 words.Part One is an introduction of execution system of death sentence, discussing the connotation and development tendency of death sentence, analyzing concept and characteristics of death sentence system, discussing development history of the system in China with a thorough evaluation on it.Part Two has made a study on the execution system of death sentence in major states with adequate legal system. Compared with China, the execution system of death sentence in foreign countries has also undergone a long and hard historical evolution. Even to this day, some countries finally abolish the death sentence such as Britain and Germany, while in America and Japan etc. have maintained the sentence. For those countries that have still kept the system, their attitude towards the execution are very cautious with a very low execution rate of death sentence.The third part analyzes existing problems in the execution system in our country at present, discussing shortcomings and deficiencies in legislation, applied accusation, execution mode and procedure of the system. It is true that a complete set of execution system of death sentence has been set in our country, and conditions applied to death sentence, accusations of death sentence are set, the execution system of a two-year suspension of execution is determined and the trial, review and approval procedure, execution mode and remedy measures are formulated through legislation. These rules have effectively prevented mistakes and arbitrary judgment of application of death sentence, basically reflecting values and functions of the execution of death sentence. It can be said that the execution system of death sentence is reasonable on the whole. However, the execution system in our country is still facing many practical problems in legislation and judicial practices with many deficiencies. For example, the type of accusation applied to death sentence is various and the execution frequency is too high. Legislation and rules on the execution mode are not explicit enough, which might arouse controversy. The alteration conditions for the suspension of execution is not strict, and there is some deficiency in terms of the remedy measure. The site supervision of immediate execution has some deficiencies and humanity of the execution is inadequate.The fourth part is ideas for perfecting the execution system of death sentence in our country. It mainly proposes specific improving schemes aiming at the problems, including: (1) definituding principles of executing death sentence; (2) reducing accusations that apply to death sentence and strictly restricting the range of application of death sentence; (3) standardizing execution mode, and definituding injection as the only way of execution; (4) perfecting the stay of execution system and strengthening the alteration conditions of the system of stay of execution; (5) realizing humanity of execution of death sentence and granting the condemned criminal the claim of a commutation of sentence or pardon; (6) granting the lawyer site supervision of immediate execution death sentence; (7) realizing humanity of execution of death of sentence. |
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