Research On Legislation Of The Death Penalty System

Suspended the death penalty with suspension of execution,it refers to the criminal was sentenced to death,if not must be executed immediately,can be sentenced to death at the same time,a two-year suspension of execution,the probation period,the criminals without intentional crime,or if the circumstances are minor,intentional crimes will not be executed,reduced to the corresponding life imprisonment or fixed-term imprisonment penalty execution system.As a death penalty execution system with Chinese characteristics,the rationality of the death was greatly,first of all,suspended system is helpful to carry out the criminal policy of tempering justice with mercy in our country,the application of the death embodies the basic attitude of the strictly executed prisoners punishment at the same time,retain again let the condemned to turn from new opportunities;Secondly,it is beneficial to the penalty purpose of combining punishment with education.Finally,the death penalty can be used as China's gradual abolition of the death penalty,so that people gradually accept the idea of abolishing the death penalty.However,due to the imperfect and uncoordinated problems in the legislative level,the death penalty has not played its due value and significance.First of all,the current law is too vague about "not having to execute immediately",which leads to the excessive elasticity of the application standard.Secondly,it is not clear that the conditions for immediate implementation are not clear enough.The current law still has a vague and undefined problem in terms of "bad situation" in the conditions of death.Finally,life imprisonment or fixed-term imprisonment in China on the punishment intensity between the weight of the failed to form a reasonable cohesion,to life imprisonment after commutation and parole actual execution of the combined punishment for several crimes prison term between the gap is too small,not enough to reflect the strength of the life imprisonment.In addition,the newly added life imprisonment system in the amendment to the criminal law has resulted in the internal imbalance of the system.Therefore,in order to enable the system to play its advantages,the system should be systematically modified from the legislative level.Firstly,specific legislation is carried out on the social harmfulness of criminal behavior and the personal risk of the criminal,so as to achieve the immediate execution of the execution of the death penalty.Secondly,it adopts the reverse method to eliminate the scope of immediate execution of the death penalty to clearly apply the scope of the death penalty,so as to make the application more explicit in the case of the extension complementation in logic.In the end,the definition of "bad plot" is clearly defined,so that the conditions for the immediate execution are more specific.Fourthly,structural adjustment should be carried out within the system of death and relief to form an orderly and well-structured penalty execution step.