An Empirical Analysis Of China's Death Penalty Control

In recent years,China control death penalty from the legislative and judicial.Through the empirical analysis found that the death penalty control has achieved good results,the death penalty application rate is declining,the death penalty is more concentrated in the crime infringing personal rights and drug crimes,the application of the death penalty has been improved.However,the application of death penalty in our country remains high,the number of death penalty is large,the base of death sentence weak,all of these has not been reversed.Public opinion,the protection of the victims ' interests and social insecurity are urgent problems to be solved,so we should innovate the way of public opinion guidance,establish the protection mechanism of the injured party and seek the effective way to control the malignant events.Except the introduction of this chapter,the main body is divided into four parts,including:The first part,"Review of the progress of China's death penalty control",mainly from the legislative and judicial aspects showing the changes of China's death penalty system since the “Criminal law” in 1979.The perfection of the system is the cause of the effectiveness of the death penalty control,the main purpose of this part is to form the systematic cognition of the death penalty course in our country,lay the foundation for the second part of the empirical analysis.The second part,"Empirical observation of China's death penalty control",according to 6 135 first instance cases and 5 768 cases of death penalty second instance to carry on the empirical analysis and observes the present situation of the death penalty control in our country.The study found that the situation of death penalty in our country is obviously improved,the probability of death penalty is decreasing,the quantity of death penalty is controlled,death sentence focused on intentional homicide,drug crime,intentional injury and robbery,the death penalty procedure play due role,the second trial has obvious control effect on death penalty.The third part,"The influence factors of China's death penalty control",China's death penalty control achieved results,but also hindered,through the analysis of the database found that the death penalty case victim protection is insufficient,only a small part will be awarded the court's compensation,China also does not have the relevant compensation law,the lack of public opinion guidance mainly because the lower death penalty application standard in our country lead to the public to reduce the standard of judging "the most serious crime",the non-unification of judgment in judicial practice reduces the people's Judicial trust,and the judgment document is difficult to assume the proper duty;the instability of the social order directly affects the people's attitude towards the death penalty.Part IV,"the future thinking of China's death penalty control",this part puts forward some suggestions on the further development of the death penalty in view of the realistic problems in our country.The perfection of the system is indispensable,continue to reduce the use of the death penalty,adjust the penalty system,reduce the dependence on the death penalty;uniform application of the death penalty and strict death penalty standards,insisting on the reform of Trial center doctrine;strengthen the protection of victims' interests,the establishment of national compensation system,continue to improve the people's jury system for the expression of public opinion to provide institutionalized channels.