The Research Of Abolishment Of The Death Penalty In Our Country

The death penalty has always been a criminal law in the history of the oldest and most cruel punishment.With the rise and development of the human rights movement in the 20 th century,humanitarian thought gradually thorough popular feeling,to abolish the death penalty is becoming more and more high,the scholars research also more and more problems,including the abolishment of the death penalty,the application of the death penalty,the value of the death penalty,and so on.Now many nations have abolished the death penalty,there is also a part of the country while retain the death penalty,but on the death penalty applies,given the strict restrictions.Now the application of the death penalty than its early birth has many restrictions,much less in number and from the characteristics has been implemented to political in nature.In 1979,China promulgated the first criminal law,only 28 death penalty charges.To 1997,however,death penalty charges of the criminal law in our country has reached 68.Since the promulgation of "Criminal Law amendment(eight)”,had opened in China on the road to abolish the death penalty.Through combing the development of the death penalty,analysising the cause of the death penalty in our country,the time node,especially the abolition of the policy of death penalty in our country,can find China abolished the death penalty should be consider the factor of theory and foreign law.At the theoretical level,the death penalty as a means of punishment.First of all,Punishment beyond the limits of the contract of assignment of the right.State is set up by social members assign out part of rights,to safeguard members free stable large "contract" for the guidelines.The existence of the death penalty is beyond the scope of the contract of assignment of the right.Secondly,the combination of criminology prevention research,from the perspective of the general prevention,the death penalty is not reach the purpose of general prevention.in the countries with the death penalty,the incidence of murder is not less than the countries abolished the death penalty.To look from the special prevention,who have received criminal punishment,and punishment by death,as the country's social "give up" to them.Deprive a person's way of life is the most thorough and brutally measures to prevent it again.This is conflicting with the recidivism system in China.Compared with the death penalty,custody over a long period of time to better play the role of warning.Furthermore,from the moral point of view,think of the death penalty inhuman.According to the humanitarian spirit and description,basic respect for life,it should be abolished the death penalty.Finally,the death penalty of economic costs are high.From the execution and the death penalty after wrongly paid to state compensation two ways,need a lot of manpower and material resources to ensure execution.Mistakes once appear,the expansion of social influence brought by the social benefits of loss is difficult to measure and as a result,the death penalty is not the simple economical way of penalty execution.According to the international status quo of foreign legal analysis of the death penalty,first of all,the analysis of current European and American countries the death penalty,the eighth amendment of the series of cases in the United States as a starting point to discuss,to understand the development process of the death penalty.According to amnesty international report,now 71% of the country no longer or for the death penalty.Second,to the neighbouring South Korea's status as an example,the death penalty is also influenced by Confucian culture of South Korea,in 1998 successfully abolished the death penalty in China.Finally,considering the characteristics such as population base,the death penalty in India for huge important reference value in our country.India is the strict control of the death penalty ways,having executed nobody again since 2000.Two basic aspects of the analysis and then contact the actual situation of our country further.Against the death penalty reform,and puts forward some countermeasures,including: First,abolishing "rarely used" death penalty."rarely used" death penalty are usually less on public opinion conflict or not been public concern close crime names,rebound will not occur because of the abolition of public opinion which hindered the progress of the abolition of the death penalty.Leading to abolish such charges,it is one of the effective measures to avoid the waste of judicial resources,is representing the Chinese criminal law system of advancing with The Times.Second,reducing the absolute death penalty.Absolute death penalty clause is compatible with the crime punishment on the principles,the criminal policy of tempering justice with mercy.Third,expanding a suspended death penalty clause applicable scope.Death as a death penalty execution system,is able to limit the number of the immediate execution of a death penalty practice.Measures including continuing improve suspended approved standards,and continuing to clear or executed properly reduce the specific conditions of applicable death.Fourth,the death penalty cases sentencing procedures of retrieval.Expect to improve the universal acceptance of the abolishment of the death penalty to achieve the complete removal of the death penalty goal in the future.