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Research On Death Penalty Charges Reduction In Our Country

Posted on:2018-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZengFull Text:PDF
GTID:2346330518997610Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Currently, abolishing the death penalty gradually has become the consensus of Chinese criminal law theorists.Under this consensus, how to plan the route map of reducing death penalty charges has become the major and hot issue in China’s criminal law theory and practice.By comparative analysis of method to lucubrate Chinese death penalty charges and conditions,we find a lot of problems ,such as a lot of death penalty charges,wide distribution,low standard of death penalty,charges are not coordinated and many more.This paper systematically demonstrates the arrangement of the death penalty in China from the three aspects of the death penalty policy,macroscopic conception of reducing death penalty and its specific development.The policy is the soul of the law .In order to further reduce the death penalty and eventually abolish the death penalty,it is necessary to adjust the current stage of the dead policy, choose "limit and gradually abolish the death penalty" as China’s death penalty policy.Secondly,the mainstream view of the theoretical circles on the reduction of the death penalty is reduction in charges essentially which do not meet the current for death penalty to further reduce. The article combined with the characteristics of the death penalty, the standard of death penalty and the principle of reducing the death penalty to put forward the new theoretical conception which has two main characteristics.As follows:First, making limit the death penalty suitable conditions as a starting point and stage for the reduction of death penalty charges.Secondly,the reduction of the Chinese death penalty charges are divided into three stages to completely abolish the death penalty in 2100 through the longitudinal view.Thirdly,dividing road map into two lines according to the characteristics of the death penalty charges through the lateral view.A line is the general death penalty charges,The other is affected by Country situation and public opinion.Finally, the article analyzes the conception of our country’s death penalty charges specifically.The specific content is:The first step is standardizing the conditions for the application of the death penalty,reducing the death penalty through the transformation of legislative technology ,canceling the absolute death penalty.The second step is retaining the Intentional Homicide and the armed rebellion,violence crime according to the "death penalty criminals who have committed extremely serious" standard.The third step is canceling the death penalty of the Intentional Homicide and the armed rebellion,violence crime.
Keywords/Search Tags:the death penalty charges, criminal policy, applicable standards, the roadmap of reduction
PDF Full Text Request
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