On The Application Of Limitation Of Death Penalty

The abolition of the death penalty debate in recent years many long-standing,vindication miscarriages of justice,make this argument more rampant.There is no doubt that China does not have the conditions for the complete abolition of the death penalty,but from the "promulgated criminal law amendment(eight)","criminal law amendment(nine)" visible to re-examine the death penalty system our country and reform efforts,the author from the rationality and reality of the restriction of death penalty analysis,that is not realistic at this stage of the abolition of the death penalty in Chinese,but further restrictions on the China the death penalty is necessary,but also feasible.We should limit the death penalty legitimacy and object perspective,from the legislative,judicial and supervisionIn order to strictly control the application of death penalty in our countryThis paper is divided into three parts: the first part,analysis the legitimacy of China's restrictions on the death penalty applicable,this chapter thinks that the limitation of death penalty with the purpose of China's criminal law,the general provisions of the criminal law on the limitation of death penalty provisions to be clear on,and amendments to the newly promulgated criminal law "(nine)of the ordinance for the abolition of the death penalty > reasonably analysis;the second part,this chapter thinks that the penalty structure of our country is still in the penalty structure to the death penalty and freedom as the center of the column,and the structure of the criminal law in our country the limitation of death penalty in an extremely awkward position.The limitation of death penalty for the death penalty for object analysis,standard analysis,and the system of reprieve the death penalty for theThe conflict of criminal law,unreasonable structure of the death penalty for negative influence;the third part is the suggestions,this chapter thinks that the criminal law of our country to retain the death penalty,and resolutely prevent the less kill,kill the wrong policy,the death penalty should be very careful,to narrow the scope of immediate implementation of the death penalty to a minimum.In the second part of the conflict and the negative impact,this chapter from the improvement of the death penalty for the principle,perfect the death penalty for the object,expand the scope of application of the system of reprieve,penalty structure adjustment and the establishment of the supervision system of restrictions on the death penalty applicable aspects of the analysis,to improve our country's restrictingthe application of death penalty system and put forward several suggestions.The author uses many research methods,the thesis draws a conclusion,in the premise of China can not abolish the death penalty under the strict limit and reduce death penalty in judicial practice has become a pressing matter of the moment for China's urgent need,to come up with a perfect death penalty related measures to restrict the death penalty,the author in this paper based on research on the former,the application of Chinese in judicial practice how to improve the death penalty limitation put forward their own views,I desire to see China's restrictions on the death penalty application system has been perfected,even in the future to abolish the death penalty.