On China’s Current Abolition Of Death Penalty

Since Italian jurist Bekaleah first time to put forward the death penalty existence or abolition in The theory of crime and punishment,the death penalty Existence or abolition be the target of interest In china, after it is promulgated by criminal law, death penalty is retained until now. Due to the rising trend of human rights protection in China in recent years, Chinese scholars also make a deep consideration of it. The focus of the scholars is on the pace of the Chinese abolition of death penalty. In recent years, China witnessed a series of major events that affect death penalty a lot, such as 13 cancellations of penalty charges in Amendment Draft to the Criminal Law and 9 in Amendment Draft, the following verdict of Hugejile, and the death penalty of the criminal gang leaders Liu Han, Liu Wei and another three key members. The series of affairs lead to the focus on the abolition of death penalty. Based on legislation and practice of Chinese penalty and the practical theory, this thesis will state the basis and solution of the abolition of death penalty.Firstly, this thesis summarizes the basis of death penalty abolition in legislation and implementation respectively on the base of the research on Chinese practice of death penalty abolition, stating the necessity of death penalty and importance of formal application of death penalty.Secondly, this thesis argues the applicability of Chinese death penalty abolition and provides practical international reference for further research, considering the practical experience of death penalty in the world. Moreover, on the basis of death penalty abolition, this thesis combines the domestic and foreign theory of death penalty and makes analysis in order to choose the theory in accordance with current affairs in China as the solutions.Again, in the death penalty based on the theory of waste at the same time, draw lessons from foreign and domestic new point of view, the foreign and domestic research on the death penalty theory sum up and analyze, select which agrees with the actual situation in our country theory as the theoretical foundation of the final solution.Finally, this thesis points out some problems existing in death penalty and puts forward a new solution. In addition, it puts forward a new solution, which makes compromise in the reform of death penalty, adopting new standards and methods of implementation as the transition mode of death penalty abolition by peaceful means. Consequently, minimizing miscarriages of justice in the process and proving its feasibility can be achieved.