The Comparison Of Capital Penalty Between China And Japan And The Research About Its Abolition

With the advent of the 21st century, global situations are changing rapidly almost all entities aggregating or disaggregating in order to be stronger and terrorists become mad in the extreme agitating for riots. What should the authorities do to reconcile the humanism and the protection of society? That is a big problem facing the government and the legal experts. In particular, under the background of globalization, how Eastern Asia falling into many troubles deal with many sudden affairs for regional stabilization? Support capital penalty or oppose it?As the strongest ones in Asia, China and its neighbor Japan represent the other countries of this region. These two nations resemble in many areas, such as culture,tradition,human spirits and history. Nowadays they are faced with same tasks of fighting against terrorism as well as protecting peaceful environments. So the comparison of Chinese systems and Japanese ones has a far-reaching effect.As was stated above, under this knowledge, I attempt to pursue my studies beginning with execution in China and Japan and dig this system with jurisprudent theory to find out benefit ingredients for our harmonious atmosphere. With respect to concrete facts, I manage to view Chinese laws as compared item and Japanese laws as comparing one while look criminal law as object and execution as the third ingredient. With jurisprudent theory's guiding, I research into the difference of the two nations'laws.This article is mainly divided into four chapters, with the preface and the conclusion. The basic content is as follow:The preface mainly discuss the possibility of comparison .And at the same time elaborate this research's value. Some experts oppose such comparison of China and Japan and ground dialogue on same political beliefs while I am in light of Deng Xiaoping's viewpoint and hold that theoretical study should be determined by facts. Because china and Japan has similar situations, their laws can be viewed as compared items.The first chapter focuses on the abstract of legislation and judicatory in China and Japan. The content is divided into three parts. Above all, introduce the situation in Japan. Then describe china's legal systems. In the third part, I come into several conclusions by comparison.The second chapter mainly elaborates in detail the argument about capital existence. Respectively the two nations place different emphases on execution. In particular, I notice that different from Japan that is congested with opposite viewpoints our country has a long way to go in capital abolition. I agree with many experts'belief that China needs substitution rather than abolition.And the third chapter discusses some substitution for capital penalty and makes a comparison. I find out that Japan's stay of execution is applied to any criminals while our nation's system is only in respect of severe ones. In the meantime, released from quarrel about system's legality, our researchers are more interested in judicial process and confirm stay of execution positively.Fourthly this article makes a general conclusion as well as explains why the two neighbors in Eastern Asia are different. This part is with respect to some other areas, such as philosophy,art,nature and race.Finally, I get a personal perspective of China's law, which is the purpose of this composition. As the writer, I hope to learn from other countries'strong points and serve for our nation.