Qualification Penalty Legislation Research In China

Since Beccaria's crime and punishment came out in 1764,abolishing the death penalty has become a strong trend.Up to now,the number of abolishing death penalty in the world has reached sixty percent.Considering the development of China's legal civilization,we must further improve the death penalty restriction system if we cannotabolish the death penalty completely.Starting from the present situation of the death penalty restriction system both at home and abroad,this paper probes into the existing problems of the death penalty restriction system in China's criminal law,and holds that the substantive conditions for the application of the death penalty in the general provisions of the criminal law are obscure;on the object of the application of the death penalty,the conditions for the application of death penalty for the minors are unscientific,and the conditions for restricting the application of the death penalty for the aged over the age of 75 are unreasonable;death is unreasonable;The conditions for the application of the reprieve system are vague,and the conditions for the death penalty of the reprieve are not only unclear,but too loose,and there are obvious injustices in the system after the expiry of the reprieve test period.There is no consideration of the general meritorious service and the difference between the minor intentional crime and the negligent crime;the life imprisonment is only suitable for "corruption and bribery",and the scope is too narrow.There are still too many crimes in the penal code to configure the death penalty.In view of the existing problems,drawing on the advanced experience of foreign countries and combining the orientations of restricting the value of the death penalty,according to the three basic principles of the criminal law,the measures to improve the system of the limitation of the death penalty in China are put forward.The applicable conditions of the death penalty should be objective,cruel means,serious consequences,subjective aspects,intentional purposes,and unworthy understanding of motives,and extend the scope of the application of the death penalty to the crime of "eight categories",and the means are particularly cruel and cause serious consequences and cause social panic at the 16 year old."The means of the aged 75 and above should be particularly disabled." "Tolerance" is defined as a great physical pain for the victims;further clarifying the applicable conditions for the reprieve and the "bad plot" in the period of the test of the reprieve should be dissimilated to treat the reprieve of the modified sentence;broaden the scope of the application of life imprisonment,and add up to the scope of the application of violent crimes and national security crimes that have great social influence,and add up to the scope of life imprisonment.Life imprisonment is a penalty for punishment.The death penalty allocation of the crime of robbery "," the crime of destroying electronic equipment "," the crime of producing,selling poisonous and harmful food "," embezzlement and accepting bribes "are carried out step by step,so as to realize the further rationalization and scientification of the allocation of death penalty in our country.