The Consummate Of Death Penalty

The sentencing of death penalty is a crucial issue about the justice of the criminal punishment and the criminals` human right in the background China does not abolish the death penalty.The “Criminal law amendment(8)” and the “Criminal law amendment(9)”have changed our death penalty in two aspects: it adopted restriction on commutation of death penalty with a reprieve and abolished death penalty in some criminals.In some case the sentencing of death penalty with big social impact.An uncertain result has caused the justice of death penalty was queried.The standard of punishment guides how to choose and apply the factor of punishment.Looking from China's criminal law,the standard of death penalty is unclear,which causes the insufficient selection and use for guiding factors.This paper is based upon analysis of criminal law,research results about the consummate of death penalty,the theory about measurement of penalty and theory of crimes character standard.The first part is according to the rules of death penalty,we should solve this issue in four aspects.The second part is in order to consummate the sentencing of death penalty,this paper adopts the relevant material,such as the death penalty in China criminal law,the scholar's research results,depend on the research results about the consummate of death penalty,we should bring in a theory as the way to solve the issue.The third part is depend on the theory about measurement of penalty in China?Germany and Japan.,we should use penalty for criminal responsibility and penalty for crime prevention as the theory about the topic;The fourth part is under the China's constitution of a crime theory,the consummate of death penalty should use layer structure and crimes character standard.