On China Restrictions And The Abolition Of The Death Penalty

The death penalty is the capital punishment. It is called "legal murder" in theCivil-Law System, and "judicial murder" in the Common-Law System. Because of itshuge deterrent effect, since the ancient times, the death penalty is widely adopted byall countries in the world. With the deepening of the research on the death penalty, thelegitimacy of the death penalty has been questioned. Especially in the eighteenthcentury, with the rise of the enlightenment, the death penalty was strongly criticizedby the scholars in Europe. During the second half of the last century, some countriesbegan to abolish the death penalty. At present, many countries have abolished thedeath penalty. This is not only the progress of the legal system, but also a great leap ofhuman civilization. China is bound to abolish the Death Penalty in the future, but atpresent China can only be strictly limited to the death penalty. China has not beenwell prepared to abolish the death penalty. Therefore, the limitation of the deathpenalty is an imminent task.This paper is divided into five parts, about25,000words altogether. The first partlooks back at history, digs the root of the existing death penalty. The second partdeeply analyzes the death penalty, contrasts the reasons of existence and abolition.The third part looks around the world, studies the historical development of the globaldeath penalty trend. The fourth part faces the reality, analyzes the present situation ofthe death penalty. The fifth part prospects the future of Chinese death penalty system.