Study On The Legislation Of Death Penalty From The Perspective Of Human Rights Protection

The provisions of human rights conventions：man is born free，equal in dignity and rights。Everyone has the right to life，liberty and security of person。At present in the world there arestill many countries retain the death penalty in law，China is no exception。Everyone has right tolife，the existence of death penalty is a great challenge to human rights protection。This paper consists of five parts。The first chapter mainly introduces the background，thestudy on the death penalty and human rights protection at home and abroad，and the methods andresearch significance。The second chapter discusses the meaning of death，and analyzes the basicconcept of human rights protection， and put forward specific requirements for the death penaltylegislation in the protection of human rights concept：modesty、protection of legal rights strictprocedure and humanity。The third chapter shows the international convention、the USA Russiaand China’s death penalty legislation present situation and then analysis、appraise，found thelegislation of death penalty in our country is far less than international convention、Russia、andthe United States。The fourth chapter from the legislative purpose of China’s criminal law andcriminal procedure law，starting with the analysis of the concept of human rights and theprotection of criminal law、the lack of the death penalty tool concept，then the reflection from thedeath penalty’s deterrent function，summed up the legislative defects of China’s death penaltyin the protection of human rights on the specific causes。The fifth chapter to theprotection of human rights for the death penalty in legislative requirements the full realizationof human rights of criminal suspects，defendants，criminals，starting from the current legislationabout the death penalty system in our country，with reference to the International Convention onthe death penalty legislation，experiences of other countries in the world，try to give someopinions and suggestions to improve China’s death penalty legislation。...