On Abolition Of The Death Penalty For Military Crimes

In recent years,the abolition of the death penalty is one of the hot topics in the reform of criminal legislation.After the introduction of the Amendment(IX)to the Criminal Law,which is the first to abolished the death penalty for two crimes in military crime,the research field about abolition of death penalty expands to military criminal law,and breaks new ground for the study on abolition of death penalty.Military criminal law is particular,and is a part of criminal law.Finally,the death penalty for military crime will be abolished.It has realistic significance to research on the theoretical basis on and practical approaches to abolition of the death penalty for military crime.Since the establishment of People's Republic of China,the military crime has undergone the social changes.The PRC Provisional Regulations on Punishing Military Personnel for Violation of Duty was approved in 1981,which is the first Chinese military criminal law was officially promulgated by legislature.It permitted the death penalty for thirteen military crimes,which has thirty-one military offenses in total.The proportion of capital offenses is 41.9 percent.When the Criminal Law was overhauled in 1997,the PRC Provisional Regulations on Punishing Military Personnel for Violation of Duty was involved in the tenth chapter of miscellaneous provisions of criminal law,which called military crime.This chapter still has thirty-one military offenses in the new criminal law in total.It permitted the death penalty for twelve military crimes.The proportion of capital offenses has decreased to 38.7 percent.On the whole,the new criminal law which didn't set a absolute definite pattern of the death penalty,followed by the pattern of the former.However,any amendment to the criminal law didn't refer to the military crime and abolition of the death penalty until the introduction of the Amendment(IX)to the Criminal Law.Diminishing the death penalty for military crime in Amendment(IX),not only provides a reference for abolition of the death penalty for military crime,but also expedites proceedings of the modernization of the military law and the abolition of the death penalty in an all-round way.Meanwhile,it can guarantee the force of solidarity and militancy,carry forward the concept of equality in criminal law and further guarantee the human rights for soldiers.Theoretically,it is unreasonable to retain the death penalty for military crimes.The concept of the punishment aimed at retribution and prevention can't prove that the military crime needs death penalty.In addition to,the death penalty for military crime doesn't contain justice,modesty and humanity by means of value analysis.The study on abolition of the death penalty for military crime should be thought about practical significance.The death penalty for military crime should gradually diminish in social conditions.An approach to death penalty abolition need follow some guiding ideologies,which are the principle of gradual improvement,paying attention to the interests of the whole,proceeding in an orderly way and step by step from easy to difficult.So,the following three steps should be taken by:firstly,the abolition of death penalty of non-violent crimes in peacetime should be put forward until 2020;secondly,the abolition of death penalty of non-violent crimes in wartime and violent crimes which don't jeopardize lives in peacetime should be completed from 2020 to 2035;thirdly,the death penalty of violent crimes in wartime should be abolished from 2035 to 2050.