Research On Chinese Death Penalty Legislation Reform Direction

The death penalty,deprives the crime person life one kind of penalty,is the severest penalty method.Because the death penalty itself has the severity as well as the major deterrent effect,successive rulers attached great importance to the use of the death penalty.With the death of the in-depth study of theory and theoretical development of human rights,the people began to doubt the justice of death penalty.The death penalty retention or abolition and death penalty system reform in China has been a hot debate in the field of theory and legislation.These arguments promote the development of the judicial practice of the death penalty;inspire people to death penalty system rational thinking,so as to promote the reform of the death penalty system.From a long-term point of view,it has important significance in promoting the construction of law in China.This article,based on the reformation described in The Criminal Amendment Chapter 9,analyzed the present situation and discussed the development direction of the death penalty in our country.The article is separated to 4 parts.In the first part,the history the death penalty instruction is analyzed,the basic value of death penalty is explored when discussing its existence or abolition.In the second part,the content and background of the various reformations on death penalty are introduced and analyzed.The article confirms that the most effective and direct method to orientate Chinese death reformation is to understand the attitude of the lawgivers.In the third part,the evaluation to the trend of reformation described in The Criminal Amendment Chapter 9 is made.It should be focusing on the reform of non-violent crimes death penalty legislation,bulk abolishing the numbers of non-fatal violent crimes step by step.At the same time,our nation should rigidly restrict the legislation and limited objects in using death penalty,etc.In the fourth part,the author prospects the future direction of reform of China's death penalty system,against the death penalty reform path and proposal from three aspects,try to put forward his own views.Specific strategies include:first,we should aim for the cautiously uses the concept of the death penalty and guide the public to actively promote the death penalty reform.Second,increase objects of not applying death in statutory legislation.Third,the alternative measures to death penalty.They are important and proven effective methods as for limiting the death penalty.Further perfected the systems of death sentence play an active role in promoting abolish the death penalty.It is significant to not only improve the legislation of penalty and but enrich the judicature as well.