On The Legitimacy Of The Limited Reservation Of Death Penalty In China

The death penalty as a kind of capital punishment since there are a lot of controversy, it has a very long history and a long process of evolution. Along with the progress of the rule of law, because of various factors such as the popular idea of human rights, the abolition of the death penalty become louder. From Sixteenth Century,Thomas Mooreand the Criminal classical school representative of Beccaria, be abolished the death penalty has been intense discussion, scholars discuss the death penalty directly affects the legislative process of various countries in different regions, especially in Europe after the Renaissance spread the idea of human rights has a great effect on the European countries, the abolition of the death penalty process, it can be explained from the angle of human rights for the universal abolition of the death penalty in European countries, most countries in Asia still retain why the death penalty, to China, Japan as an example, two countries affected by the influence of traditional thought of rule of law is too deep, although there has been established a relatively perfect method System, but the two countries have not experienced such a form of human rights activities similar to the Renaissance. The relative, historical and cultural traditions and the law has more impact on the current legislation of China and Japan.Our country still retains the death penalty, in addition to the influence of the idea of human rights, national history and traditional culture and moral evaluation standard of the national abolition of cognitive influence. Similarly, our country also has many scholars and experts called for the abolition of the death penalty, for the abolition of the death penalty from different angles, also launched a lot of analysis. This article makes a brief summary of the mainstream views of the abolition of the death penalty, and then from the human rights, the role of the death penalty, the legitimacy of the state execution of the death sentence to explain the legitimacy of the death penalty in three layers. At the same time, the author’s opposition to the death penalty,conventional and expanded, the author thinks that the death penalty as a criminal punishment has reached the extreme, if the death penalty as conventional criminal punishment means trampling on human rights and the rule of law. Therefore, for the existence of death penalty limitation of legitimacy explanation and argumentation that death penalty should exist, but the death penalty application must be within the scope of the relatively stable, "criminal law amendment (9)" promulgated the abolition of the death penalty of the crime of fraud in financing. Therefore, it is not difficult to see in our country for the direction of the death penalty legislation, the author’s argument also provides great help. Finally, hopes to retain the death penalty limited the legitimacy of the exposition, with China’s specific national conditions, contribute to retention and limited application of death penalty in our country.