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Respect The Life Right

Posted on:2013-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2246330374974625Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is in an important period of the modern legal systembuilding, we need to learn from foreign advanced legaltheory, and to promote the development of Chinese law. Chinafaces many problems of law, and death penalty reform is a very prominentissue. Utilitarianism jurisprudence is a theory worth learning in this regard, many ofits pioneers are conducted in-depth discussion on the death penalty, and draw a lot ofconstructive conclusions. In this article I will from this view of the issue of the deathpenalty talk about the inspiration and complementary of the the utilitarian Law onthe legal construction of China.Introduction: Briefly introduce the utilitarian background knowledge and thehistorical origins of the death penalty system, and the scholars who want toabolish the death penalty and the achievements of deathpenalty abolition movement. Then contact the international death penalty Abolitionsituation and China’s death penalty status quo pointed out the urgency of the deathpenalty reform. At last, tell the purpose of writing this article.Chapter one: Analyze the basic idea of death penalty system from the view of Retribution and deterrence.Chapter two: first introduce the main concept principle of Utilitarianphilosophy, and then analyze the theories of the two pioneers in the UtilitarianLaw and critic of the death penalty system.Chapter three: Point out the inherent logic plight of the theory of utilitarianism onthinking of death penalty.Chapter four: Described the penalty concept in traditional Chinese culture, and theidea of people-oriented on legislation and judicial in modern Chinese,and that both of the same strain, and introduced the evolution of China’s deathpenalty system since the founding. At the last, discuss what we can learn fromutilitarian theory.Chapter five: Introduction the infection of utilitarian jurisprudence on the lawconstruction of China.
Keywords/Search Tags:Utilitarianism, Deterrence, Reform, Death Penalty
PDF Full Text Request
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