The Study On Alternative Measures Of Death Penalty

In the criminal law field， the battle of the abolition of Death Penalty has lasted200years， the arguments on both sides almost above the best， but from thedevelopment of human society and the progress of civilization the perspective of theabolition of capital punishment is inevitable. The abolition of capital punishment isinevitable，is bound to experience a long process. The experience of countries in theworld on the repeal of the death penalty has proven this point. China， especially atthis point，whether it is the actual situation of the community，or people’s feelings，currently is unable to accept the abolition of capital punishment. High incidence ofcriminal cases， the retribution concept of guilty of homicide must be executeddeeply rooted. People in the inner values cannot accept the abolition of DeathPenalty. These shows reform of the death penalty need to be cautious and gradual，so alternative measures of the death penalty arises.Death penalty alternative measures as an alternative of the death penalty. Tomeet the humanitarian requirements， not to execute a person， at the same time，their personal punishment should not be reduced or only slightly reduce. In thisway， in order to achieve equal with the death penalty’s deterrent. Special lifeimprisonment， which non-parole and non-commutation， is a relatively ideal as asubstitute for the death penalty. However， the death penalty alternative measuresshould be strictly limited， should apply only to those with very serious social harmand crime， such as intentional homicide，robbery and other violent crimes.Alternative measures of the death penalty are of great significance， the presentpenalty structure problem is “the death penalty is too heavy; the health punishment istoo light”. Life imprisonment is excessive application of sentence reduction andparole， reprieve and life imprisonment and the loss of the seriousness it deserves.For serious violent crime， people are only willing to believe that capital punishmentwill have real force and effect. However， the special life imprisonment， it willcompletely change the situation. Special life imprisonment to criminals imprisonedfor life. National opinion polls show people can accept the special life imprisonmentas the alternative measures of the death penalty. In terms of international influence，imposition of the death penalty alternative measures will be greatly improvedChina’s international status and condition，such as the policy that those facing thedeath penalty do not extradite.There are many of China’s death penalty charges. This is determined by ourhistorical and cultural traditions and social reality. We cannot be rushed to theimmediate abolition of the death penalty. This is in contradiction with the nationalinterests and the fundamental interests of the masses. So， we need to put forwardChina’s death penalty repeal process. In this process， death penalty alternative measures are undoubtedly the most important part. With Criminal Law Amendment8was promulgated and implemented. In China is a major step forward on the road ofdeath penalty repeal. Criminal Law Amendment8abolished the13death penaltycharges. This is to cut the death penalty for the first time since the promulgation ofthe1979Criminal Law. Reflects the respect for life and the protection of humanrights of citizens，changed the situation of the death penalty charges only to rise andunabated. This is a milestone for China to gradually abolish the death penalty. Onthis basis， we should plan out the general process of China’s death penalty repeal:First， the abolition of the death penalty charges to achieve the complete abolition ofthe death penalty crimes of economic class and political class， and only16seriousviolent crime and war crimes provisions of the statutory maximum sentence for thedeath penalty. They are a betrayal of national sin， secession， armed rebellion，riots crimes， the crime of collaborators mutiny， espionage， arson， flooding thecrime， the crime explosion， placing of dangerous material， crimes against publicsecurity in a dangerous way， Hijacking Aircraft and intentional homicide.， thedefection crime of kidnapping，robbery，soldiers in wartime harm residents crimes.Second， in the case of social conditions are ripe， less sentenced to death， thedeath penalty less，ultimately be done although the Criminal Code provisions on thedeath penalty， but not in the judicial practice of the death penalty. Finally we mustbecome the de facto abolitionist countries. Third， with becomes a de factoabolitionist country for some time， people will no longer be dependent on the deathpenalty. Conditions are ripe for the complete abolition of the death penalty. At thistime， the statutory maximum sentence of16serious violent crimes and war crimesinto a special life imprisonment， truly abolish the death penalty. Last， in case ofadvanced social and material living conditions of people’s living standards as awhole are superior， criminal cases to eliminate the basic， Can be considered torepeal the special life imprisonment， relative to life imprisonment as the statutorymaximum penalty. However， in the case of the social and material living conditionsand people ideas， special life imprisonment instead of death penalty is undoubtedlymeet the needs of social development today， nut also conducive to the acceptanceof the public’s emotions， well in line with the country’s penal reform intentions，can do the legal effect of the unity of the political effects， social effects.This article from the death penalty abolition of the debate anchored， leads tothe concept of the death penalty alternative measures. Discusses the death penaltythe significance of the alternative measures and reasonable， and to analyze，compare， summarize， to draw on alternative measures of the world to death.Ultimately proposed for the death penalty with the national conditions of China’scurrent social alternative measures， it is the punishment shall be commuted， thespecial life imprisonment without parole for alternatives to the death. Elaborated onChina’s criminal law in general and points to what specific modifications.