The Application Of The Theory Of The Death Penalty In Our Country Standard

The death penalty is the most severe punishment, because itdeprived the right of life, has gradually been abandoned by mostcountries, with the emphasis on human rights protection, after thedebate about abolition of the death penalty, abolition of the deathpenalty has been recognition to many national in the internationalcommunity. However, we can not deny the death penalty in themaintenance of social order plays an important role. The application ofthe death penalty in various countries is always different. In somecountries, the national condition decided that the death penalty couldnot immediately be abolished. Under the international trend of theabolition of the death penalty, these countries respond theinternational abolitionist trend regarding the death penalty, also setstrict conditions for the application, through step by step to limit the useof death penalty, eventually reaching the purpose of the abolition ofthe death penalty. Our country belongs to this category.In our country, the serious violent crime and instability in thesociety decided that the condition to abolish the death penalty in ourcountry is not enough. We should remain restrict manner, under thepolicy of" to retain the death penalty, but limiting death penalty strictly",through specific provisions on limits, abolish the death penalty gradually.Under the environment of the death penalty still exist, so the applicationof the death penalty standard becomes the problem that we shouldsolve urgently. Only the strict and clear standards of death penalty cansafeguard the human rights of the accused and enhance the dependability of death sentence.The vagueness of the death penalty standard in China lead tothe death penalty in the applicable standards is not unified and clearand lack of operability. Therefore, we should abide by the constitution" the state respects and safeguards human rights" and" the deathpenalty is only applicable to extremely serious criminal offense" incriminal law, combined with the relevant academic point of view andthe judicial practice in our country, as well as on the outside of thedeath penalty applicable provisions of reference, to make thestandard of death penalty in our country perfect, to implement thepolicy of death penalty, so as to achieve the ultimate goal of Chinasdeath penalty.