On Judicial Restrictions Of The Death Penalty In China

Criminal law amendment eight and Criminal law amendment nine of our country abolished a number of death penalty charges and it is closer to the goal of abolition of the death penalty in our country.However,according to China's national conditions,it will still be legislative provisions to death in a long period of time.And according to the criminal justice policy of our country and the trend of the international community to abolish the death penalty,it needs to limit applicable death penalty in the judicial practice and control the number of the death penalty according to the national conditions in China.This article researches the death penalty of the international community.It make clear that the application of the abolition of the death penalty is the ultimate goal of our country according to the criminal policy of death penalty of our country.It will research our country still apply the death penalty charges and the charges application would grasp the strict standard at the time of death penalty and make clear conditions reached the standard ofdeath penalty in criminal law is not apply to death penalty criminals.Some of these conditions are clearly stipulated in the criminal law and judicial interpretation and some of them are often encountered in the practice of judicial staff.These situations need to be discriminated,depending on the case that applicable to the specific and concrete criminals.In the reality of death penalty cases,it is important to find a substitute for the death penalty.Suspended system in China has its owncharacteristics that would play an important role in our country.It provides a safeguard to the applicable death penalty of the judicial limitation and also makes a better example to the principle.Specifically speaking: the first part studies the international community's attitude towards death penalty and the death penalty in our country's criminal justice policies.The second part studies the legislation in our country reality and how to limit the death penalty of the nonviolent crimes in the criminal judicial practice.The third part studies the violent crime how to limit death penalty.The fourth part studies suspended system has an important role in death penalty limitation in the judicial practice of our country.In short,our country should gradually abolish the death penalty in the judicial practice,which affects the legislation.It will eventually achieve the goal of abolishing the death penalty.