The Present Situation And Path Of Chinese Death Penalty System Reform

China is one of the countries that still maintains the death penalty system.There are too many death penalty laws and too many executions.By 2012,however,125 countries around the world had effectively stopped executing the death penalty,making China's death penalty system seem out of place.Since the reform and opening up in 1979,profound changes have taken place in society,with a sharp increase in the number and types of crimes and an increasing number of capital punishment crimes.In 1997,after the socialist market economic system was basically formed and affected by the international humanitarian wave,China began to grope its way forward on the reform of death penalty.When the criminal law was amended in 1997,the number of capital crimes neither increased nor decreased,which was the first time in two decades that there was a period of calm.Since 1997,the reform of capital punishment has made progress every year.Gradually,from abolishing more capital punishment crimes that were not prepared,to restricting the application of capital punishment in judicial practice,more than 20 capital punishment crimes have been reduced in ten years.In 2007,the supreme people's court withdrew the right to review the death penalty and proposed stricter procedural and legal provisions,marking another step in China's reform of the death penalty system that strictly controls and carefully uses.The external factors that influence the reform of death penalty mainly include judicial environment and public opinion.This paper analyzes the problems in legislation,trial,investigation,defense and other judicial practices that have existed for a long time.The unfair judicial environment will make people lose trust in judicial activities and lose hope for judicial reform.Although this paper found that when exploring public opinion,public opinion is a complex and changeable,but as the most simple values of the folk,its profound the law,and at the same time,along with the development of The Times,the individual voice is more and more people hear,even in some cases judgment plays a decisive role,so to guide public opinion expressed rationally is of great significance.The internal argument about whether the death penalty should be kept or not is mainly about whether the death penalty is fair,that is,whether the crime and punishment are equal.Whether the death penalty has preventive effect,that is,whether other punishments have more efficient substitution effect;Whether the death penalty is economic,that is,whether the execution of the death penalty has caused a waste of social resources;Whether the death penalty violates humanitarianism,that is,how to overcome the problem of how to integrate western values into Chinese society.Through the analysis of internal and external,we try to make a good guide on policy,to reduce the death penalty from the judicial practice,limit non-violent crimes the death penalty,reduce judicial has virtually wiped out the death penalty charges,build system of death penalty alternative,to perfect the legal aid system,optimize the environment of justice,promote the judicial justice,let people respect and trust laws and regulations,steadily promote the reform of the death penalty.