The Theory Of Historical Inevitability Of Restriction And Abolish The Death Penalty

Death penalty is the punishment with deprivation of life as its content. For a long period in history, death penalty is deemed as existence naturally, even as an indispensable punishment system, since mankind is indulged in it. However, start with the Enlightenment, Beccaria, as the representative of abolitionists, attacked the death penalty whilist the keep death penalty critics beated back. Since then, people began to consider the death penalty rationally and relearned the value of death penalty. Till nowadays, death penalty is deemed incompatible with current civil society, and is in danger of being marginalized, and finally shall be steped down from the stage of history. This thesis analyses and summarises the global situation of development of death penalty, and proves the above mentioned trend is inevitable.This thesis is of four chapters:Chapter1summarises the global situation of development of death penalty, and draw a conclusion, i.e. limitation and abolition of death penalty have already demonstrated a global development trend. With the research upon the number of coutries abolished death penalty from80s21st century to the beginning of this century. By the ending of World War Two, UN, as the representative of INT, commited to specify the extension of international human right, and signed a series of international law documents re limitation and abolishment of death penalty. U.S., Japan, India and China are big countries currently that keep death penalty. From the analyse of the application of death penalty, the application of above mentioned contries are strickly limited.Chapter2introduces the history of death penalty. The history of punishment is divided into four stages, i.e. revenge, deterrent, fraternalty and science era. Within the four stages, the features of punishment are affected by different cogitation of punishment. The death penalty is deemed as throughout the whole history of mankind punishment, and illustrates different features by different stages of punishment history. Summarized the history of death penalty in the light of the above clue, the development of death penalty shall be outlined upon the punishment history.Chapter3summarises the reservation or abolishment of death penalty, and lists the reason of that. The main reason of abolishment of death penalty is that the death penalty is unconformable to current civil level and human right, it is without deterrent force, it is irremediable, it goes against the spirit of criminal law, it goes against constitutional law, etc.. The keep death penalty theory retorts the mentioned reasons. This debate continued for200years without victory and defeat. However, the academic value is more significant, let people relearn the death penalty, and push forward the process of mankind punishment civilization. Meanwhile, it affects the death penalty policy of countries kept death penalty, i.e. strictly limitation of death penalty application.Chapter4analyses the value of existence of death penalty. Mankind is subject to natural attribute and societal attribute, and shall full realize the value of them within the social communication. Where social communication, the life and dignity is exsited based upon the symmetrical acceptance between man and man, thence, negation of others’life and dignity means negation of their own life and dignity. This is the humanity basis of the existence of death penalty. The value of death penalty, as a punishment system exsited in criminal law, shall be objective and neuter. Where the death penalty is applied subject to the will of the state, it indicates its value orientation. However, such value orientation is corresponding with the policy orientation of the state based upon the management of society.