The Deference Between Restriction Of The Death Penalty And Reconciliation Of The Death Penalty

The National People’s Congress examined and adopted an "Amendment to the Criminal Procedure Law of the People’s Republic of China" on the March14th,2012. It is the regulation for the application of criminal reconciliation to cases of light injury and cases of criminal negligence in the new chapter public prosecution proceedings of reconciliation of parties. Then the legal status of criminal mediation was confirmed officially. However, there is a major debate about the possibility of reconciliation of the death penalty in the field of legal theory and legal practice due to the establishment of the system of criminal reconciliation.Although there is not a regulation of reconciliation of the death penalty in Criminal Law and Code of Criminal Procedure in China, the reconciliation has been used in judicial practice. Thus many scholars have been discussing the problem in recent years. Some of them support the reconciliation and some oppose it. In supporters, some scholars believe that the "death penalty reconciliation" is the good way to effective restriction of the death penalty and "reconciliation of the death penalty" should be included in the scope of criminal reconciliation. But also in judicial practice cases will be sentenced to the phenomenon of death by "reconciliation". All of these are will misinterpreted the ideology of restriction of the death penalty.Therefore, it is necessary to clarify the differences between "the restriction of the death penalty" and "reconciliation of the death penalty" in order to correct "reconciliation of the death penalty "judicial philosophy of error.These five chapters to research-related issues:The first chapter of the introduction describes the background information, the significance of the research situation and its research methods. The "reconciliation of the death penalty " and the impact on the judicial practice is discussed in the second chapter. Specific analysis of "reconciliationof the death penalty " have been proposed in the background and rationale, and cited several thereal cases as an argument, resolve these cases bring about the social repercussions. The third chapter is to analysis the restriction of the death penalty, including the origin produced in China’s traditional legal culture based on ethical and judicial practice in our concrete manifestation. And retain the death penalty and restrictions discussed the logical relationship between the death penalty, the presence of both rationality and other issues when death penalty exists in our country. The fourth chapter will combine the above of the overall content, the restriction of the death penalty and "reconciliation of the death penalty " between the concepts, ideas and discuss the real possibility of combining. Criticize and negative the "reconciliation of the death penalty "fallacy theory,the distinction between restriction of the death penalty and the" reconciliation of the death penalty "and prove that they cannot be justification by logically. Finally, my conclusion is to insist on thinking of restriction of the death penalty and oppose "reconciliation of the death penalty."...