On The Judicial Countermeasures Of Existence Or Abolition Of Death Penalty And Restrictions On The Death Penalty In China

Death penalty is an important issue in criminal law theory, it is so important in criminallaw theory mansion that the views and the choice on this issue reflect the concept of onecountry’s penalty situation of human rights and the reality. For a long time, criminal lawexperts at home and abroad debate about the death penalty abolition. In my opinion, it doesnot have the conditions for abolishing the death penalty. Rational choice is to strictly limit theapplication of the death penalty. This paper points out the trend of the death penalty in ourcountry is restricted to death penalty and transition to abolish it. Based on the brief descriptionof the theoretical understanding of the death penalty and abolition of Death Penalty relevantanalytic theory, we discussed the situation of death penalty in our country and Proposed torestrict judicial application of the death penalty and further point out the judicial applicationof countermeasures. We purposed from integrity of trial proceedings, updates and changes ofjudicial philosophy and reprieve perfection... then reached the restrictions applies of deathpenalty, promoting the process of China’s death penalty abolition and highlighting the conceptof the rule of law and civilized.