The International Common Understanding Of The Anti-crucifixion And Designing In China

Anti-crucifixion has a close relation to human rights safeguard. It is the tendency of the development of world human rights and the inexorable requirement of modern legal society. The entry-into-force to China of the Convention of Prohibition of Crucifixion on November 3, 1988 is an important hallmark for China' s joining into the rank of international anti-crucifixion.In traditionally Chinese cognition, "crucifixion" was defined as "brutal punishment". It was obviously different from that of the West which saw it from the angle of behavior. Following the signing and going into force of the Convention of Prohibition of Crucifixion, people have reached an internationally common understanding of "crucifixion": crime of crucifixion is an act intentionally conducted by a public officer or anyone exercising authority in an official capacity which causes severe pain or suffering to a person physically or mentally, or doing so by instigating, consenting or tacitly consenting someone else, in order to obtain intelligence or deposition from the person or a third person, or in the purpose of punishing the person' s or the third person' s act or their suspected act or threatening them, or for any kind of reason of any kind of discrimination. "Crime of Crucifixion" is an international crime stipulated by international laws. So the principles of "prohibition refoulement", "bringing a suit or extradition", "universal jurisdiction" etc. can be applied on it. As a coordinating body for international anti-crucifixion, the U. N. Anti-crucifixion Committee is in charge of the coordination of the anti-crucifixion of contracting parties.The international movement of anti-crucifixion has experienced a course of development and evolution. The Enlightenment of Ideology which was based on the spirit of humanitarianism, starting from the time of Bourgeois Revolution in Europe, made human being' s dignity and value universal attention and seriousness to the whole society. The criticism against and reflection to the brutal system which harmed human being' s dignity and value became the ideological base for humanitarian legislation and anti-crucifixion of modern society. The official prohibition of crucifixion in concrete laws or regulations in modern times was firstly stipulated by the laws prohibited the use of crucifixion in wartime. Later, following the signing of a series of international conventions and papers, especially the signing and going into force of the Convention of Prohibition of Crucifixion, the international norm against crucifixion has been improving day by day and the international movement against crucifixion has been moving forward further and further.The Chinese people have the same cognition of "crucifixion" as the international society. The Chinese Government consistently holds a distinct attitude to anti-crucifixion: prohibiting crucifixion severely and taking strong measures against the crime of crucifixion. As the going into effect of the Convention of Prohibition of Crucifixion to China, the Chinese Government enhances its domestic legislation and judicature against crucifixion and energetically fulfils its international obligation of anti-crucifixion as well, and it has obtained intermediate achievement.Nowadays, the situation of anti-crucifixion is relatively grim in China and the main situation of crucifixion is: crucifixion as an illegal act exists on a fairly board scale in a certain large space. It has been dealt with by judicature unceasingly, but this kind of illegal act is incorrigibly obstinate. To a certain extent, it has become a persistent ailment or chronic illness to the Chinese society.The reason of existence of crucifixion on a board scale lies in more than one aspect: it is not only influenced by the backward sense of value and the imperfectly formed consciousness of rule by law, but also hastened by the defects in the construction of legal system. Not only there are historical reasons, but also it has actually survival soil. This article analyses the reasons for the existence of crucifixionfro...