Research On The Abolition Of Death Penalty For Non-violent Crimes In The Context Of Mitigation Of Punishment

The death penalty,as a way of capital punishment to isolate the source of crime by eliminating the subject of crime,has been running through the development history of criminal law in human society.From the perspective of external and internal dimensions,the development of punishment has gone through an inevitable process from cruelty and barbarism to civilization,especially in the gradual abolition of the death penalty in most countries and the increasingly strict application conditions of the death penalty in a few countries that retain the death penalty.After the Second World War,with the rapid development of human society,economy and civilization,the mitigation of punishment has gradually become one of the values of the criminal policy of the major civilized countries in the world.In the context of "mitigation of punishment",the abolition of the death penalty for non-violent crimes has become the mainstream cognition of human society.From the perspective of our country,although the promulgation of the Criminal Law Amendment(VIII)and the Criminal Law Amendment(IX)further reduced the number of death penalty charges,they still retain a considerable number of non violent crime death penalty charges.Therefore,it is still a topic worth exploring how to promote the complete abolition of the death penalty for non violent crimes.The purpose of this thesis is to demonstrate the legitimacy and historical inevitability of the abolishment of the death penalty for non-violent crimes in China,through the legislative review of the death penalty for non-violent crimes,and taking the crime of bribery as an example to illustrate the problems existing in the current non-violent crime death penalty setting,and further propose the feasible path for the abolishment of the death penalty for non-violent crimes in China for reference.The death penalty discussed in this article refers to the immediate execution of the death penalty,but does not include the suspension of death sentence or life imprisonment after the suspension of death sentence.This article is divided into five parts.In the introduction section,the background of "mitigation of punishment" and the domestic and foreign literature on the abolition of the death penalty for nonviolent crimes in this context will be displayed and analyzed.Next,the research methods and research ideas on this topic will be analyzed.The second part will define the concept of nonviolent crimes,elaborate on the legislative historical evolution of the death penalty system for nonviolent crimes in China,and discuss whether to abolish the death penalty.The third part selects the current situation of the death penalty system for bribery crimes as an example for analysis,and further points out the problems existing in the establishment of the death penalty for non-violent crimes in China,and then analyzes the necessity of abolishing its death penalty.The fourth part analyzes the legislation and judicial application of the death penalty system in foreign countries,and draws lessons from it.In the fifth part,based on the previous article,the author puts forward suggestions on the abolition of the death penalty for nonviolent crimes,including the elimination of misconceptions,the entity and procedural control of the death penalty at the current stage,and finally proposes the basic concept of abolishing the death penalty for nonviolent crimes in China in the future,with a view to achieving the effect of "taking a point to an area" and providing reference for the abolition of the death penalty for nonviolent crimes in China.