Research On The Legislation Of China's Death Penalty System

Reprieve is essentially a conditional temporary execution of death penalty execution system,the death penalty is a prerequisite for reprieve,no death penalty is no reprieve.Combined with the current situation,China should keep the premise of the necessity of the existence of the death penalty and the system of reprieve in affirmation,adhere to the less kill,kill carefully the criminal policy,to limit and reduce death penalty,and ultimately achieve the transformation of education,the criminal penalty value.With the abolition of the death penalty and the background of our country criminal law amendment eight,nine on the legislative tendency of improving execution threshold step by step,to set up our system of reprieve is only one,that is to limit and reduce death penalty.How to achieve this goal the realization,need condition and application of suspension system we understand the sentence changes to the implementation of the conditions.The object of this from the penalty of "extremely serious crime is a criminal law concept representation,this article on the death penalty in the expression of the definition can only be limited to the behavior of the two aspects of subjective and objective,not including personal danger,on the contrary as a representative of the crime it is the molecular transformation and the possibility of education personal danger is the proper meaning of" not to carry out immediately ",that is" extremely serious crime "is the only standard to enter the " circle of death " Quasi,and personal risk performance and only difference between reprieve and immediate execution of death penalty.In the essential meaning of the applicable conditions of clear reprieve,combined with reduced and objective restrictions on the death penalty execution reprieve is set up,from improving the execution threshold and reduce the two angles of reprieve threshold,aiming at the shortage of reprieve on legislation put forward perfect measures corresponding to the first through the establishment of the death penalty,then the death penalty reprieve,mode restriction and progressive ladder immediately the implementation of the death penalty.Therefore,the author expressed reconstruction of article forty-eighth of the criminal law is the death penalty criminals only for extremely serious crimes.Criminals sentenced to death,suspended for two years shall be announced at the same time;if it has a higher personal danger,can be immediately executed.There are two main purposes,the first,to further improve the execution status in the basic criminal law amendment nine;second,the reasonable definition of personal risk is very high is the only standard of death penalty should be executed More specifically,guide the judicial reprieve.In addition,the author of the reprieve of article fiftieth of the criminal law to change the implementation of the conditions to further improve the "intentional crime,vile" is defined as the minimum penalty for intentional crime 5 years imprisonment,in order to improve the implementation of the death penalty reprieve entering the threshold;major meritorious service immediately reduced is life imprisonment;general meritorious service,2 years after the expiration of the test was reduced to 25 years in prison.In the premise of sticking to the principle of suiting punishment to the lower,more reasonable reconstruction of reprieve change the implementation of the penalty system,actively to a greater extent to mobilize reprieve criminals to reform and education.Effectively reduce the number of executions.