Retention Or Abolition Of The Death Penalty And Legal Thoughts On Reform Of Death Penalty In Our Country

The death penalty, deprives the crime person life one kind of penalty, is the severest penalty method. Because the death penalty itself has the severity as well as the major deterrent effect, successive rulers attached great importance to the use of the death penalty. With the death of the in-depth study of theory and theoretical development of human rights, the people began to doubt the justice of death penalty. The death penalty retention or abolition and death penalty system reform in China has been a hot debate in the field of theory and legislation. These arguments promote the development of the judicial practice of the death penalty, inspire people to death penalty system rational thinking, so as to promote the reform of the death penalty system. From a long-term point of view, it has important significance in promoting the construction of law in China.From the death penalty debate proceed with, introduced the death penalty kept on and their main views of abolishing the death penalty and death of existing situation, in-depth study of the death penalty in China should be abolished; combination of " criminal law amendment (eight)" on the13death penalty charges cancel problem, elaborated first of all in the economy the abolition of death penalty in criminal cases the reality and feasibility, and on this basis, analysis later in the non-violent crimes in the abolition of the death penalty path; according to whether the death penalty unconstitutional human dignity in the research, put forward to promote reform of the system of constitution of the death penalty; finally the author prospects the future direction of reform of China’s death penalty system, against the death penalty reform path and proposal from six aspects, try to put forward his own views. Specific strategies include:first, to power the constitution, to promote reform of the constitution of death; second, guide the public to actively promote the death penalty reform; third, a gradual reduction of the death penalty; fourth, expanded the death penalty applicable scope; fifth, set up to study the alternative measures of death penalty; sixth, establish the state compensation system of the death penalty for criminal victims.