Research On Abolition Of Death Penalty Of Non-violent Crimes In China

This paper discusses the issue of revocation of the death penalty for non-violent crime, which is divided into four chapters.The first chapter explains the concept of non-violent crimes. In dealing with abolishing the death penalty issue for non-violent crimes, we must first define what non-violent crimes are. Only a clear description of the concept and characteristics of non-violent crimes can give a specific path to an answer on which whether to abolish the death penalty for non-violent crimes, as well as specific approach to abolish the death penalty. Non-violent crimes can be understood as a violent crime expect violent crime. Violent crime is a criminal act which uses violent means or threats of violence to specific people or things or not a particular target for abuse, physical violence to others, so that victims of physical or mental damage, intentional physical harm to others, life, property, security and social security in order to achieve the criminal purpose . It is a category of crime in criminology, this kind of crime assault personal rights of others, intentionally assault a person's life, cause grievous bodily harm, torture, rape and others, to causing physical or mental harm of crime. Besides Violent crime in criminal known as non-violent crimes. In fact, the non-violent crime and violent crime is relatively, non-violent crime depends on the precise definition of mastery of the connotation of violent crime. According to scholars, statistics, in 1997 there are 68 kinds of crime, criminal law prescribes the death penalty, including non-violent crimes for the 44 species, accounting for 64.7% of capital offenses. Of a large number of non-violent crimes can be divided into categories according to different standards. Non-violent crimes has a character of profit property, change and indirect features. These characteristics determine the non-violent crime is essentially different from violent crime. the death penalty for violence crimes can not be the reason for the death penalty against non-violent crimes.The second chapter describes the main reasons abolishing death penalty for non-violent crimes With the development of human rights theory and practice, human beings gradually recognize respecting human life as the country's highest value. Due to people's lives non-renewable, everyone has the right to maintain their right to life, the state's should balance the implementation of the death penalty to protect the public interest and maintain the relationship between the offender lives when it punish a crime. Some countries are beginning to replace the death penalty based on free-punishment. there are three main reasons to abolish the death penalty, first, the death penalty is cruel. It is a barbaric, inhumane of deprives the people life with bloody and cruel means which is the man's fundamental right to life. The scene of deprivation of life is unbearable, the implementation of the death penalty contributes to the cruelty of human nature which plays evil role. The second is that the death penalty is irreversible. Death is final, while the miscarriage of the death penalty is inevitable, the people once they are imposing the death penalty would be an irreversible effect on the community and themselves and their friends and family will result in a great loss. The second is that the death penalty is irreversible. Death is final, while the miscarriage of the death penalty is inevitable, the people once they are imposing the death penalty would be an irreversible effect on the community and themselves and their friends and family will result in a great loss. The irreversibility of the death penalty deprived the rehabilitation of offenders, the opportunity to atone for his crimes. Third, the abolition of the death penalty is a utilitarian. the present death penalty system is not worth the candle, but to solve this problem there are only two means:- the death penalty abolition of the death penalty or break the shackles of retributive point of view, increase the intensity of application of the death penalty. It is clear, choose the second scenario, the possibility of almost zero. Therefore, the abolition of capital punishment has become the only option. Abolition of the death penalty for non-violent crime, first of all, The death penalty will not stop the non-violent crimes. Second, abolish the death penalty is conducive to curbing the occurrence of non-violent crimes.The third chapter focuses primarily on judicial control of the death penalty for non-violent crimes. Generally speaking, what kind of death penalty policy,What will be the death penalty legislation. However, due to the legislative and judicial belonging to two different areas, what kind of death penalty policy doesn`t means what kind of death penalty judicial, it is considerable difficulty to realize the death penalty policy. It should be recognized that the judicial status of the death penalty in China's often-criticized ,the death penalty imposed and execution is in a high rate which is closely related with our policy of restrictions on the death penalty does not play or did not fully play its guiding role in judicial process. It is one of the successful approach to abolish the death penalty through strict judicial control which made mandatory death penalty charge as little as possible. After the "evaporated" a fait accomplishment, and then to be completely abolished from the legislation. Specific control measures include: first, the standards of the death penalty should be controlled. In the trial practice, we adhere to strictly in accordance with general principles and sub-criminal provisions of the death penalty, under strictly controlled conditions and principles as well as the specific criteria, scale, application of the death penalty, and always insist on the death penalty applies only to very serious crimes, the circumstances are particularly bad, The criminals must be sentenced to death according to law. Second, the control of the reprieve system. Reprieve is the brief of delaying implement , it means the crime who should execute death penalty could be sentenced to two years pending if he or she does not excdute death immediately. Third, the control of the standard of proof. Standard of proof: the burden of proof means the burden to provide evidence to prove the level to be achieved. Judicial officers should be based on "case facts are clear, the evidence is reliable and sufficient" This conviction, the spiritual essence of the standard, adhere to the "beyond reasonable doubt" as the death penalty, the standard evidence admissible evidence to link the review and strict control, so that the true standard of proof victimizes the Prevention and reduction of the death penalty applies to a watch.The fourth chapter discusses the gradual replacement of the death penalty for the non-violent crimes. At this stage of our country, a series of legislative and judicial reform on abolishing the death penalty for non-violent crime is operable. In the higher levels of social spiritual community, the concept of simple retribution gradual loss of market, and a more rational attitude towards crime. Moreover, as people of high cultural level, more playful enough to stop the penalties for crimes. Therefore, the spirit of the abolition of the death penalty more mature. In contrast, in a less spiritual society, the idea of retribution is very strong. Moreover, people's cultural level is low, only by adopting a more severe penalties in order to stop crime. Thus, the spirit of abolition of the death penalty is lack. In particular, it should be noted that the death penalty exists in a certain society, there is a social identity, the death penalty abolition to a large extent depends on this recognition. The specific steps to abolish the death penalty include three steps:First, increasing life imprisonment to replace the death penalty . It is fully capable of life imprisonment instead of capital punishment. Life imprisonment is the deprivation of liberty for life criminals, and the penalty method of forced labor reform. Second, the realization of light punishment of sentence structure, In the aggravated term of imprisonment to life imprisonment and must be accompanied by the free exercise of the short to medium term direction of a corresponding adjustment to the playful and prevent the overall structure of the original heavy penalties for further became more serious. This includes first of all, to change the existing drawbacks of liberty which are too high .Second, expand the scope of application probation. Third, improve the criminal fines, deprivation or restriction of the right to increase the additional penalty, increase the intensity of economic sanctions against the perpetrators. Finally, the increasing application of community correction system.