Analyze On Justice Of The Death Penalty

The death penalty is a kind of capital punishment deprived of life, no matter to retain or to abolish has caused a variety of disputes, every parties of scholars who discuss the viewpoints focus on different points of view. For example, from a moral, human rights, law, legal, social and political. This article chose from the pointcut of Justice in the philosophy of law, to illustrate whether accord with justice and a death penalty should be retain. The justice of death penalty has not only a technical problem in criminal law, but also we must analyze on the further value basis and realistic basis to examine death penalty, which is just the way of thinking about law philosophy. The article is to relate and analyze in several parts as follow: the meaning of justice, factions on the viewpoint about death penalty justice, what is the justice of death penalty can retain and the effect of death penalty justice theory in our country at presentThe first part is the overview of the concept of justice and the analysis method of the famous philosopher’s support for the death penalty justice. First of all, this part explains and positioning for justice in different fields. Then, which leads to the philosophy, legal scholars study on the history of death penalty justice.The second part is the specific analysis on value of the justice of death penalty and special environment cause the different viewpoints on the justification of death penalty. First of all, from the theory of retribution and deterrence theory, utility theory, and human rights theory to analyze the death penalty should be retained and continue to apply. Then, give the examples to explain the death penalty controversy of justice in different historical background and the environment. And the nature of the problem is not to abolish death penalty or reserved, but whether retain the death penalty is justifiable or not.The third part is the theory of death penalty justice caused by thinking. First of all, discuss on the death penalty and the situation in the future direction, and summed up the condition about establishment, abolishment and limitation of death penalty. Secondly, by comparing on our realistic national conditions, come to the conclusion that our country should still retain the death penalty at present. Finally, put forward the proposal that our country should start from the legislative, judicial and penalties under the justice of death penalty do the justice.Let the justice can manifest in the death penalty.