Legal Sociology Analysis On The Existence Or Abolishment Of Death Penalty In China

The death penalty as an almost everlasting punishment system,from the right and proper to highly controversial,has always been one of the most important parts in the system of punishment.Nowadays most countries have abolished the death penalty,but compared with other countries,China is not only to retain the death penalty,but also it is more widely applicable.Thus,this paper makes a deep legal sociology analysis on the issue of the death penalty in our country,to make people entirely understand and rationally look at the death penalty in the penal system,in order that it can better serve the people,and safeguard social stability.First,this article analyzes the criminal legislation of death penalty in our country and its appearance,as well as the impact of various factors that play a major role in the changing of the death penalty system in our country.Moreover,the main arguments of the abolition of the death penalty and death penalty's social values are discussed.Above is the research background.Secondly,this article gives theoretical analysis on the relevant factors of death penalty system establishment,excavating the embodiment of retribution concept,deterrence effect,careful penalty and harmony thought of Chinese traditional culture in the death penalty system,simply analyzing Durkheim's law and punishment thoughts,Rousseau's social contract theory and utilitarianism thought of Bentham to justify social conditions,collective consciousness and penalty function influence death penalty system establishment.This part offers basic theoretical basement for research.Finally,based on research background and relevant legal sociological theories' s support,this article analyzes the death penalty system from morality,collective consciousness,social developing conditions and the social function of death in the perspective of legal sociology,and supplements examples to prove.From the outside to the inside,this paper analyzes the present situation,underlying causes and the multi-considerations of the death penalty system in China.The research try to show that,we can make a reasonable and realistic conclusion for legal system establishment,only when we put the law in the middle of social factors and consider the interactions between them.And now,the death penalty system in China is the actual and reasonable choice,which is determinated after the comprehensive consideration of various factors,including morality,collective consciousness,social developing conditions and penalty functions,etc..