On The Postponed Death Sentence System

The death penalty conditional liberty is a penal system which our country originally creates. The provisions of "Criminal law" Article the 48 "The criminals who should be sentenced to death , if not immediately implemented could be sentenced to death, and at the same time could be declared a two-year reprieve." The postponed death sentence system is one special death penalty method. The system causes the criminals who should be sentenced to death not to be executed , in the specific lenient plot situation,, and so it is advantageous to limiting and reducing the practical use of death penalty . The criminal policy of sentence is powerful manifested . Obviously, The postponed death sentence plays a more obvious role in the social stability then. with society's development, the postponed death sentence system is also in gradual development and consummation, although it exposes many questions , and the penalty death system is abolished in the world , our country is still taking the death penalty system as one kind of important penalty system and so is accused by some western countries harbor ulterior motives,And simultaneously the domestic sound abolishing death penalty is also in the enhancement tendency. The postponed death sentence system exactly plays the role that eliminates the death penalty malpractice and maintains the death penalty deterrent force and obtains people's value. The knowledge of the postponed death sentence system is helpful for us to understand penalty goal and consummate our country's penalty's system..Besides the introduction and the conclusion, this article is divided into the following three majorities:The first part is about the outline of the Postponed death sentence system . It includes two contents, first is the postponed death sentence system's concept and the characteristic, that enables us to have a general understanding to the postponed death sentence system. Next is discusses the postponed death sentence system's production and the development phase, is we have the further understanding and the assurance to the postponed death sentence system, and to postponed death sentence system's basic theory: The postponed death sentence value, postponed death sentence questions and so on function carry on the discussion. Has the solid rationale to the postponed death sentence system's research.The second part: Postponed death sentence being suitable and carries out. This part elaborate the postponed death sentence suitable condition, aspects and the questions which exists in the implementation. It not only includes the application of its prerequisite condition and substantive elements. But also make an analysis of the problems which cause of the lack of applicable law.The third part mainly consummate recommendations to aim at the flaw which exists in legislative and suggest same measures suitable propose that concrete consummates the suggestion. From the postponed death sentence suitable essence condition, the postponed death sentence change carries out the condition, the postponed death sentence violates both has the intentional offense and has renders meritorious service significantly the performance, after the commuting a sentence, has intentional offense processing, the test deadline, with was suitable the question which aspects and so on procedure existed to obtain, to propose the concrete perfect measure. Must pass through the procedure the postponed death sentence as the death penalty, lengthens the postponed death sentence suitably the test time, aspects and so on appropriate readjustment penalty structure complete to the postponed death sentence system's supplement. Enables the postponed death sentence system to play the vital role under the present legal system system.