Study On The Death Penalty Legislation Of The Criminal Law Amendment

The death penalty is the most severe punishment that deprives perpetrators of their lives.In the field of punishment,it has always been the focus of attention of our country and the world.Under the circumstances that most countries in the world have abolished or actually abolished the death penalty,there is still a certain gap between the application of the death penalty in China and the trend of abolishing the death penalty in the world.For the time being,in a country where the death penalty system has been inherited for more than 5,000 years,the public still has a strong dependence on the death penalty,and legally alternative measures have not yet been perfected.It is not appropriate for China to abolish the death penalty directly.In this context,this article takes the amendment of the criminal law as the research object,combs and studies the development context of the death penalty after the founding of the People's Republic of China,summarizes the characteristics of China's death penalty legislative reform,and combines some of the problems that China's current death penalty reform will face.It makes predictions on China's death penalty legislation and puts forward some specific suggestions.This article is divided into five parts:The first part introduces the development and development of death penalty legislation and policies since the founding of New China.First,according to the legislator's setting of the death penalty,China's death penalty legislation is divided into the initial stage,the expansion stage and the restriction stage,and the development process of the death penalty legislation is introduced in detail.The second is to understand the development of China's death penalty criminal policy through the context of criminal policy development,and to summarize the death penalty criminal policy.The second part is to sort out the death penalty legislation of the amendment to the criminal law.The first is to understand the main social background of the legislative amendments at the time from the background of the amendment to the death penalty law.The second is to detail the amendments to the criminal law(3)(7)(8)(9)related to the death penalty amendment.Sort out,compare and explain the content before and after the amendment,and understand the specific circumstances of the modification of the death penalty clause.The third is to explain the application of the revised death penalty legislation by taking Article 49,paragraph 2 of the Criminal Law and the crime of fundraising fraud as examples.The third part analyzes and summarizes the characteristics of the death penalty legislative reform in China's Criminal Law Amendment on the basis of combing the death penalty legislation.Summarize the characteristics of the development of the death penalty legislation in China since the promulgation of the Criminal Code in 1997.That is to say,the death penalty legislation in our country has been adjusted from a slight death penalty to a substantial reduction in the death penalty,along with changes in our criminal policy,and the abolition of the death penalty has started to develop in the direction of non-lethal violent crimes.The fourth part mainly analyzes the problems faced by the death penalty reform in our country.Only by finding out the problems faced by the death penalty reform,can we better put forward countermeasures and programs,"the right medicine".The main problems faced are: First,there is still a gap between the abolition of the death penalty in China and the world,and there is still a long way to go before the abolition of the death penalty.The second is that the general guidelines applicable to the death penalty in China are "criminals with extremely serious crimes." However,there is still controversy in the determination of "extremely serious crimes".Third,the application of the death penalty in China is conditional on "does not have to be executed immediately." The problem of vague conditions requires us to provide specific regulations;Fourth,the abolition of the death penalty cannot be achieved without the support of public opinion.Today,the majority of people in China support the death penalty,and in some countries,public opinion also applies to the death penalty in that country.Abolition has an impact,so how to properly guide public opinion is also an important issue facing our country now.The fifth part is predictions and recommendations for future death penalty legislation.The carding of the death penalty legislation in the amendment to the criminal law will ultimately return to the future development of China's death penalty legislation.First,based on the characteristics of China's death penalty reform,make predictions for the development of future death penalty legislation,and believe that in the future certain period of time,it is necessary to strictly implement the current death penalty criminal policy and gradually abolish the death penalty for non-violent crimes that are not often applied or are not used;Proceeding from the problems faced in the reform,several specific suggestions were made for the death penalty legislation in China.First,we must adopt a pragmatic approach to the abolition of the death penalty,and abolish the death penalty based on China's national conditions.Second,China should gradually reduce the number of crimes applicable to the death penalty.We can start with the death penalty for non-violent crimes and start bribery for corruption.The abolition of the death penalty for crimes and the crime of transporting drugs;the third,while abolishing the death penalty in legislation,the death penalty should also be strictly applied in the judiciary to further regulate the conditions under which the death penalty applies;the fourth,the death penalty system and the application of the death penalty Conditions,reducing and restricting the application of the immediate execution of the death penalty;fifthly,correctly guiding the public's views on the death penalty through education and laying the foundation for the legislative reform.