On The Legal System Of Death Penalty Review Of Ancient China And Modern Enlightenment

The death penalty review system in ancient China is the most cherished thing is China’s most valuable legal cultural heritage, is a legal system with Chinese characteristics. Even today in our country implements is the cause of the death penalty review system in our country ancient times the death penalty review system, or the death of complex system. In essence, they are consistent, there are closely related. Punish the emergence and development of China has experienced a from harsh punishment to the process of civilization, meanwhile the application of the death penalty has also undergone a process of from loose to relatively strict limits. In the process of death penalty of applicable, ancient times the death penalty review system in China is also accompanied by the emergence and development. An ancient death penalty review system in China is to maintain the feudal monarchy rule.In this paper, starting from the context of our country ancient times the death penalty review system, analyze the background and the basis of, and to explore the characteristics of the death penalty review system in China, summarizes the Chinese ancient positive aspects and negative aspects of the death penalty review system, especially in a typical system of interrogating prisoners in han dynasty, and after making system in tang dynasty and the Ming and Qing dynasties came and the umpire system as the key object of study, in order to put forward some suggestion on current death penalty review system. This paper roughly divided into four parts. The first part is the origin of the death penalty review system in ancient China. The second part briefly introduces the emergence and development of the ancient death penalty review system in China. The third part of the specific system of interrogating prisoners in han dynasty, tang dynasty after making system and the system of judge and the judge of autumn.