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A Harmonious Society Under The Death Penalty Problem Is Analysed

Posted on:2013-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YinFull Text:PDF
GTID:2246330362464949Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, the construction of a harmonious socialist society conditions,material civilization, political civilization, spiritual civilization reached higher level,people-oriented, life first is governing the whole society to run the value idea, therespect of life and the attention to the point of hitherto unknown, the development of thetimes, the progress of the society, for our re examine the system of death penalty hasbrought new horizons, open up broad prospects. This paper first explores the meaningof harmonious society, the rule of law and harmonious society, and constructingharmonious society should be less kill, kill carefully and combining punishment withleniency in our country policy of death penalty, it is pointed out that for the most seriouscrimes can be suitable the death penalty, judicial organs in handling may be sentencedto death penalty cases, on conviction sentencing to very carefully, the applicable objects,application procedures, the actual implementation should strictly limited, and to ensurethe death penalty does not deprive the rights, giving effective relief way, avoidingunjust generation. Secondly enumerates the abolition of death penalty in severaltheories, including restrictions on the death penalty, death penalty, death penalty withcaution on expansion theory, limit the death penalty and abolished the death penalty intheory, think in our country about the abolition of the death penalty, can not ignore thepolitical, economic, cultural and social conditions of actual conditions, on one hand,historical proof, with expansion of the death penalty to achieve the purpose of sociallong period of stability not only inhumane, is not going to work; on the other hand, inthe current political, economic, culture has not reached the height of civilized context,fling caution to the winds will abolish death penalty is not the rational choice, thepresent stage we should limit, uses the death penalty, on the reduction of death penaltykongfu. Following on from the five stage introduced after the founding of new China ’sdeath penalty process and the status quo, analysis of the death penalty problems, is acapital crime for too much too much, execution, two to life imprisonment is notrigorous, scientific design, can really play the harsh punishment should deterrence effect,three is absolution the system is not perfect, did not build amnesty system, four is notfully protect prisoners rights, five death penalty case judgments are vulnerable to publicopinion and other external interference. Finally, this paper put forward a harmonioussociety under the limitation of death penalty in an effective way, one is from thelegislation to gradually reduce the death penalty charges, two is suggested clearly liferight into the" constitution", and clearly stipulated in the constitution of limitation ofdeath sentence, three is built with Chinese characteristics of amnesty system, four is tobe sentenced to life imprisonment" as its purpose", become the true meaning of life imprisonment, five are open our country was sentenced to death and the number ofimplementation, six is the perfection of the procedure of death penalty cases, seven isthe judicial application of death penalty strictly grasp the standard, eight is theelimination of public opinion on the case the effect of judgment.
Keywords/Search Tags:harmonious society, death penalty, restricted pathways
PDF Full Text Request
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