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Review China’s Death Penalty Policy Under The Perspective Of Social Control

Posted on:2016-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:D D XingFull Text:PDF
GTID:2296330461998624Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The death penalty policy is the attitude of a country toward death penalty,it is a means of social control with a distinct political, but in essence is a kind of legal control. In the western theory of social control, there are a lot of means of social control, including religion, morality and law and so on. This paper takes the western theory of social control as the main clue, looks the death penalty policy as a means of social control and tools, give a systematic analysis on the death penalty policy’s historical evolution development after the founding of our country, and tries to reveal the development trend and the basic rule of the death penalty policy in our country.Specifically, first of all,made some illustrate on the selected topic significance of the death penalty policy,based on the perspective of social control theory, and made a system combing of research status of the criminal policy of death penalty and the social control theory.Then found the special significance of the death penalty policy as a means of social control and the thinking of writing the paper. Secondly, from the aspect of social control theory to investigate the special role palyed by the death penalty policy in our country in the social control.The social control theory inspects all kinds of social phenomena from different aspects,such as religion, morality and law and so on,including the criminal policy and the death penalty policy of criminal policy.Death penalty policy can not independence from criminal policy, as a means of social control at the same time, plays a very special role in criminal policy, especially the social security increase seriously in China, including terrorist attacks and vicious violence emerge in endlessly, especially under the background of serious crimes. Once again, the death penalty policy as a means of social control from the practice level investigation, how is got specific applicable in the judicial practice of our country. As a means of social control, the death penalty policy in different historical periods in China have also been corresponding adjustment in the judicial application after the change of political, economic and social situation,.Such as in the early days after foundation suppresse to the anti-revolution, combine with the “strike hard”policy since the 1980 s, and emphasizing the human rights protection in death penalty policy in recent years.Finally, combining the social control theory with the practice of death penalty policy in China, have a rethink on the death penalty of our country on the background of social control policy,summarize the pros and cons. The meaning of the social control theory is to investigate the social control means that influence the various social phenomenon, in this sense, the death penalty policy is clearly a means of social control. By means of social control theory can reflect the criminal legislation in our country, whether should increase the death penalty or reduce the death penalty? In the judicial practice, the number of death penalty cases and the number of executions showed expand or reduce trend? And behind these trends, the deeper social connotation reflected by what it is.
Keywords/Search Tags:the death penalty, The death penalty policy, Social control, The judicial practice
PDF Full Text Request
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