The Contemporary Enlightenment Of Death Penalty Substitution System In Ancient China

The problem of death penalty is not a pure legal problem,but a complex social problem that involves religious,ethical,political,economic,cultural,historical and legal factors.Is a country's legislation,the judicial question;It is a question of sovereignty.Over the years,as political demands and awareness of human rights have grown,the death penalty has been abolished or restricted,and the execution of capital crimes has become humane.Given the status quo,China cannot abolish the death penalty overnight.In 2007,the 62nd session of the United Nations general assembly discussed "issues related to capital punishment" and called for a global moratorium on capital punishment.The United Nations commission on human rights called on countries that retain the death penalty to establish a moratorium on capital punishment.For the alternative measures of the death penalty,there should be such a consensus:after the abolition of the death penalty in any country,will take corresponding alternative measures to achieve the balance between the crime and punishment to adapt to the statutory punishment,the construction of the alternative system of the death penalty has become an urgent task.However,each country has its own special situation.China will not completely abolish the death penalty in the short term.Therefore,it is particularly important to study the application of alternative measures of death penalty.This paper avoids the origin of the well-worn "death penalty preservation and abolishment",and studies the ancient death penalty substitution measures in the contemporary construction and perfection of death penalty substitution system from the traditional death penalty culture and penalty view.This paper attempts to reflect on the contemporary replacement system of death penalty,which is mainly the correspondence and deviation between the death penalty with reprieve(including life imprisonment with reprieve,limited sentence with reprieve)and the reality in the application process.This article contains about 70,000 words,including three chapters.The first chapter is an overview of the substitution system of death penalty in ancient China.From the ancient Chinese Confucianism,legalism death penalty two main cultural context and the principles of ancient Chinese death penalty to death penalty concept in ancient China,on the whole outstanding feudal orthodox death culture holds extremely cautious attitude on the death penalty,which under the action of various factors that lead to the death penalty in ancient China and played an important restrictions on the death penalty execution system of alternative.Then it discusses the origin and development of the death penalty substitution system in ancient China and the types and characteristics of the death penalty substitution system in ancient China.In this chapter,the author mainly discusses and summarizes the characteristics of the substitution system of death penalty in ancient China by citing historical data,so as to lay a foundation for the later research on the reform of death penalty system and its countermeasures.The second chapter is the status quo of the death penalty system in contemporary China.This chapter mainly includes three parts:the theory of death penalty restriction from the perspective of the debate on the preservation and abolition of death penalty,the overview of the death penalty replacement system in contemporary China and the debate on the death penalty replacement system in contemporary China.From the perspective of the development history of death penalty,death penalty has been controversial in ethics since its birth.In the period of emperor shun,the debate about the abolition of death penalty continued until the modern times.So this article began by describing the death penalty limit theory,to avoid community developed,discuss contemporary China as the origin of the death penalty alternative system of two kinds of suspended system,application condition and effect,and combining the theory and practice of death penalty alternative system such as for the construction of contemporary Chinese death penalty system of alternative dispute and improve reasonable and scientific Suggestions.The third chapter is the contemporary reflection on the substitution system of death penalty in ancient China.This chapter is mainly from the first chapter of the traditional concept of death penalty,penalty system and execution mode combined with the second chapter of China's contemporary situation of the death penalty system comparison:even in the process of continuous changes in the Confucianism and law,but on the whole,the feudal orthodox death penalty culture on the death penalty is extremely cautious attitude.It is not difficult to see from the criminal policy since the founding of new China that China has always had the concept and attitude of "killing control" and "prudence" in the attitude of death penalty.However,the number of death penalty in contemporary China is too large,which forms a sharp contrast with the traditional concept of punishment.In order to better adapt to the international trend and from the perspective of the development of Chinese legal system,the reform of death penalty is imperative,especially in the case that the contemporary alternative measures of death penalty are likely to bring serious negative effects through the increase of long-term punishment.In addition,the penalty ladder is not absolute,but sensory.Although there is still a huge difference between death penalty and alternative punishment,the construction of death penalty alternative system is due.First,it is not suitable to extend life imprisonment with reprieve and limit commutation of sentence with reprieve.The second is not through the long-term penalty increase to increase the overall penalty input;Third,we will protect the human rights and interests of long-term offenders.