Ethical Analysis On The Retention Or Abolition Of The Death Penalty

The death penalty with the country’s appearance, the earliest in the late primitive society,is a national product. The death penalty system in the human society in various developmentperiods also has its own unique characteristics, but with the continuous development ofsociety, the civilization’s initiative has become a dominant force, the existence of the deathpenalty is the starting value by people doubt. Famous jurist Cesare Becali as in1764in hisbook "on crime and punishment" in bold and the abolition of the death penalty argument,after200years, criminal law scholars and the public about the abolition of the death penaltydebate stopped. The promulgation and implementation of the Universal Declaration of humanrights "until1948", highlighting the human survival, the importance of freedom, then theinternational legal documents become increasingly clear to the restriction and abolishment ofdeath penalty. With the growing calls to abolish capital punishment, as well as the ultimatedevelopment goals according to the evolution process of punishment itself and the society, wecan see the death penalty will eventually be abolished.The research methods used in this paper, the logic analysis method, the literature method,case analysis method and comparative method. This article is divided into five parts, the firstpart is the introduction, which introduces the purpose and significance of the topic, researchstatus and research methods and innovative points. The second part is the overview of thedeath penalty meaning and evolution of the topic, the more popular the death penalty, thedeath penalty abolition. The third part of the paper is, three major controversial abolition ofthe death penalty from the perspective of ethics based on the retention of the death penalty,theory, the abolishment of the death penalty, death penalty finite existence theory,respectively, are discussed, and put forward their point of view. The fourth part is the key partof this paper, from three aspects, scientific and rational justice, utilitarianism and the theoryof human rights, the death penalty reservation and abolishment of argument the rationalityand limitation, and made further ethical exploration. The fifth part of this paper, somesuggestions are put forward to improve our country’s current death penalty system.With China’s economic, political, cultural and other comprehensive development andprogress,"answer blows with blows, an eye for an eye, a murderer die" naive retribution hasgradually disappeared in the people’s minds, replace sb. will be the idea of justice, utilitarianand human rights, so as to guide the moral, legal concept of people, to limit the death penalty system of our country, and finally toward the goal of abolishing death penalty.