Based On The Historical Development Of Chinese And Foreign Capital Punishment,the Path Of The Reform Of The Death Penalty System In China Is Given

As an ancient country of the four major civilizations,China's rule of law civilization also appeared earlier.Around the 21 st century BC,Qi killed the democratically elected Boyi and established the first slavery country in Chinese history,the Xia Dynasty.Since then,the primitive Society of "the world is public" has entered the class Society of "the world is the home",and the death penalty system represented by maintaining the order of class rule has also begun to form.[ "Book of Rites,Li Yun" : "The road of the road is also public...This road is hidden and the world is home." ] As the bloodiest and most severe punishment,the death penalty has played an irreplaceable role in all stages of society for thousands of years.For example,it has deterred criminals,defended state power,and stabilized social order.The ancient concept of capital punishment is mainly manifested in the concept of revenge,the concept of retribution,the concept of deterrence,and the concept of cautious punishment.In ancient Chinese criminal law,the death penalty has always been at the core of the penal system.This form of capital punishment,which has evolved from barbarism,is increasingly being questioned as a result of the civilization of our times.Even a number of cases concerning the death penalty have been controversial under the pressure of public opinion and other parties.In today's advocacy of civilization,the common call is to limit or even abolish the death penalty system.Today,China is an influential country in the world,and in recent years,it has vigorously promoted the rule of law society.Therefore,the correct application and restriction of the death penalty has gradually become an objective requirement and obvious trend in the development of domestic criminal law.This article focuses on the historical development of the death penalty in ancient and modern China and foreign countries to explain the common ground of the development of the death penalty in China and foreign countries,and to discuss the relevant cases,so as to put forward a personal opinion on the reform of the death penalty system in China.This article is divided into four parts.The first part is time oriented,mainly discusses the basic situation and development of the death penalty in China and some Western countries from ancient times to the present.Through the description of the ancient and modern Chinese and foreign slave periods,feudal periods,and modern times,the author summarizes the common points of the Chinese and foreign death penalty systems and then explains the historical tradition and development trend of the Chinese and foreign death penalty.The second part mainly discusses the present situation of death penalty in our country.In the third part,the author makes a systematic summary of the practice of death penalty according to the actual situation of its application in China.Through the actual cases encountered in practice to explain the basis for the reform of the death penalty system.The fourth part is mainly in China's current national conditions,for the reform of the death penalty system in China put forward some suggestions for perfection.Taking the principle of "retaining the death penalty and killing less carefully," we put forward rationalization proposals for the current death penalty system from the legislative,judicial,and public opinion perspectives.