A Study On The Death Penalty In China Under The Criminal Policy Of Temper Justice With Mercy

Death penalty, as the oldest punishment method in modern criminal punishment system, is a criminal punishment that deprives the criminal’s life. It’s life penalty, and also called capital punishment, which has been the most important part in criminal law since ancient time. The dispute about the reservation and the abolition of the death penalty is most early proposes by Beccaria. So far, it has gone through nearly two and a half century. Since death penalty deprives criminals’opportunity to heal himself, and it could not eradicate the social root of crime, it’s impossible to restrain crimes. As a result, to abolish the death penalty is the inevitable trend of the development of criminal punishment.This article talks about the present necessity of reserving death penalty through the analysis of the reservation and the abolition of the death penalty. In the meanwhile, I think we should strictly limit the application of death penalty according to our country’s criminal policy of "tempering justice with mercy", so that we can step targeted to abolish the death penalty system.This article is divided into four chapters.The first chapter is the death penalty system overview. I explore the necessity of the existence of the death penalty system in our country based on the analysis of the definition and the source of the death penalty, the origin and the development of the death penalty with the existing foundation.The second chapter is the outline of lenient and sever criminal policy. This section mainly discusses summarize of the criminal policy, the establishment and definition of lenient and severe criminal policy.These three aspects of content linked together, research summary is the logic starting point of lenient and severe criminal policy and death penalty reform, explicit the establishment and meaning of lenient and severe in China is of great significance to guide the death penalty reform.The third chapter is the thinking of the death penalty system and the criminal policy of temper justice with mercy in our country. I analyze the contemporary situation of death penalty system in our country according to our country’s criminal policy of "tempering justice with mercy" and try to illustrate that the death penalty policy and criminal policy of "tempering justice with mercy" is an organic whole, which could be the guidance of the application of the death penalty. The fourth chapter is the idea of perfecting our country’s system of death penalty. I put forward some ideas to carry out the criminal policy of "tempering justice with mercy" and strictly apply the death penalty, connecting with the Criminal Law Amendment (8), and also put forward some suggestions on completing the death penalty system in terms of legislation and judiciary to step to achieve the goal of abolishing the death penalty gradually.