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Research On The Alteration Of Reprieve Of Death Sentence

Posted on:2014-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:X M XuFull Text:PDF
GTID:2256330425465629Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The reprieve system of death penalty is a way of execution of our country’scharacteristic. Its purpose is to make whose should be sentence to death doesn’t have to beimplemented immediately when they have certain conditions. thus reduce and limit theapplication of the death penalty. Especially in recent years, our country has take somesubstantial and procedural measures to control the application of the death penalty. Underthis background, the status of the reprieve system of death penalty appears moreimportant.The reprieve system of death penalty mainly includes the application of the trial andthe implementation of change system. The research of the former, which importance hasbeen widespread realized by people, is more than the later. Actually, the reprieve systemof death penalty will directly lead to death penalty, to change to life imprisonment orfixed-term imprisonment, etc. The result of the difference is very big, so we should giveattaches great importance to the problem, which is the implementation of the "restrictionsapply, adhere to the less kill" the embodiment of the policy of death penalty. At the sametime, on the process, the reprieve system of death penalty is a part of the enforcementprocedure in criminal action and shall be adhered to in China’s criminal procedure law "oncrime and protecting human rights" the guiding ideology, it is inevitable for the completeof criminal lawsuit system in our country.Overall, the legislation and research of the reprieve system of death penalty isdeficient, the judicial organs have greater problems in the judicial operation is unclear.Therefore, the change system of the reprieve system of death penalty should based on thebasic provisions of the criminal law and execute the changes in death for immediateexecution and changing to life imprisonment or fixed-term imprisonment of two parts asthe main content, systematic exposition of intentional crime determination, theunderstanding of the significant contributions such as judicial problems. I put forward myown views on the reprieve system of death penalty in my paper. Hope my research willcontribute to the development of the reprieve system of death penalty.
Keywords/Search Tags:the reprieve system of death penalty, the alteration of reprieve, the procedure of alteration of reprieve
PDF Full Text Request
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