On The Legislative Perfection And Judicial Realization Of China's Death Penalty Reform

The death penalty has been influenced by the high attention of the academic and practical circles and intense discussion, through research of academic circles about the death penalty, the vast majority of scholars to study the death penalty is concentrated in the early to debate on deposit abolish death penalty, abolished the death penalty with the international tide of evolution and the propulsion of the criminal policy limit applicable death penalty in our country, then for the death penalty is the focus of the discussion gradually transferred to the abolition of death penalty, but mostly in the direction of the future gradually abolish the death penalty in China with a macroscopic study, predictive study have more thorough. In order to effectively solve the difficult problems of death penalty reform in China, it is necessary to gradually abolish death penalty in our country for more in-depth research. In theory, help to clarify our limit and gradually abolish the death penalty legislation change trends and direction, and provide theoretical support and reference for future amendment of criminal law, make recommendations for the reform of death penalty legislation; Tell from the practice,help to deal with death penalty cases for the judicial staff provide macro direction and guidance, help to limit applicable death penalty in the judicial practice work, improve the efficiency of the judicial practice, in order to achieve crime in place of the unity of legal effect and social effect.Full text nearly forty thousand words, is divided into four parts, mainly from the background of the reform of death penalty and development trend, conditions and standards, legislation and judicial implementation four aspects in this paper. Specific as follows:The first part of the background and trend of development of death penalty reform.This part mainly discusses the problem of death penalty reform of the international and domestic background, combed the development trend of the death penalty reform in our country, put forward and gradually abolish the death penalty to limit applicable death penalty is not only the international trend, is also necessary to the reform of deathpenalty in our country.The second part requirements and standards of the reform of death penalty. This part mainly analyzes the requirements and standards of our country's reform of death penalty. Main advantages are the social basis of death penalty reform in our country is relatively stable, the public attitude change and guide the direction of political wisdom.Standards of death penalty reform in China is legal interests and life value serious unequal charges and move unnecessary or use less charges in the judicial practice.The third part of the reform of death penalty in legislation. This part from gradually reduce the number of crimes punishable by empirical research, theoretical interpretation and legislation in three aspects: the law related professionals as investigation object, the questionnaire to order various kinds of abolish death penalty charges for the empirical analysis; On the basis of the direct object of crime violation to our country existing 46 abolished the death penalty charges classification in this paper, the order of; On the basis of public opinion analysis and theoretical interpretation, combing to reduce death penalty charges scheme and path.The fourth part limit applicable death penalty in our country's judicial implementation. This part mainly discusses the four of the one that limited death penalty from the judicial way. One is applicable death penalty standard strictly, the entity standard put forward to improve the death penalty into the "worst" intentional crimes, evidence standard put forward strict death penalty case program, strict death penalty review; The second is in independence separation reform under the background of establishing separate trial and execution mechanism; Three is to perfect the death penalty for the scope of the object, the paper puts forward to "lose recognition ability is not fully," the spirit of the patient, deaf and dumb and blind, and intellectual disabilities into within the scope of object from death, at the same time would reduce the starting age old people from the death penalty to the 70 one full year of life; Four is to establish the death penalty absolve system.Under the applicable death penalty in our country present situation and the current legal environment, modify and perfect the judicial restrictions apply through legislation to reduce death penalty, and gradually abolish the death penalty.