Research On The Application Of Death Penalty

Considering the tendency of abolishing death penalty in the international community and the status quo of exercising excessive and inappropriate death penalties in China, the application of death penalty has stood out as an issue of noticeable significance. This paper focuses attention on the value of death penalty, the status quo of death penalty application in China, and the improvement of legal system thereof, with the aim of finding out an effective form to curb the application of death penalty in accordance with the current developments of China's politics, economy and culture.The author delivers point of view in four chapters. Chapter 1 On the Existence of Death Penalty illustrates the value of death penalty lies in its effectiveness, justification and humanity. Based on the theory of value to explore death penalty, it clarifies the key of death penalty issue ties with the conflicts settlement that shall abide by the priority of justification, effectiveness and humanity and acknowledge justification is the principal value of criminal punishment. Either to abolish or to retain it is reasonable and rational on the condition that it accords with social belief of justification. In case of our nation, it remains immature to abolish death penalty and the chapter concludes the punishment of death penalty exists with some reason and necessity both at present and in the many years to come.Chapter 2 the Status quo of Death Penalty Application in China analyzes the development of death penalty provisions in history, points out some insufficiency of death penalty provisions in application, meanwhile reviews social problems aroused by a multitude of cases of applying the punishment.Chapter 3 Reflection upon Legislation of Death Penalty in China examines specific contents, basic signs of legislation concerned with current death penalty provisions. It elaborates insufficiencies thereof lie in lack of standardization of application, evident inclination towards objectivism, and wide applications of death penalty. The article proceeds as the author points out some insufficiencies in association with legislation of death penalty application and observes the trend and development thereof on the international stage.It ends by Chapter 4 Improvement of Legislation and System of Death Penalty in China that proffers ways to improve laws, regulations and legal systems in terms of justice and legislation.