China Death Penalty Restrictions

This dissertation is trying to focus on the death penalty restriction system in China and give some available and applicable suggestions on it.First of all, standing on the point of the history and tradition of the restriction regulation of death penalty, the author separately compared the restriction situation from the point of legislation and judicature of the western countries and analyzed the restriction regulation of death penalty of our country along the long history evolve, so that the theory supports for the death penalty system of our country could be found in such crosswise and vertical ways. Through the detailed elaboration, it is available and applicable to establish the death penalty restriction system in China.Secondly, founding on the point of the value of criminal penalty, the author explained the value reflection of death penalty from the angle of beneficial, justice and non-humanity, thus giving the theory supports for the death penalty system being abolished in the theorical way and being restrictively applied in practical way. As a criminal penalty, the death penalty is the result of governors' pursuing of benefit and just, so that these two interests became the establishing principles of death penalty. But after the history went to the modern time, the request for humanity has been raised upon the pursue of only benefit and just. The non-humanity of death penalty has been clearly testified and it is critical to decide that death penalty is going to die necessarily. On the other hand, the restriction system of death penalty should have been correlated with the present situation of politics, economy, culture and crimes. For our country, the abolishment of death penalty lack of its material foundation. So the author analyzed the non-practical of death penalty abolishment regulation and gave the arguments for the death penalty restriction system.At last, the author presented some suggestions and ideas on our country'sdeath penalty restriction system. Our nation's criminal law has reserved many death penalties, of which some should be abandoned. It is stated that the death penalty system should be adjusted on the legislative and judicial ways. To explain this problem clearly, the author at first analyzed the regulation of procedure for judicial review of death sentence, giving the point that the competence for judicial review of death sentence should be taken back to the Supreme Court; and then, the regulation of death sentence with two-years retrieve has been criticized for it is not standard and practical in some ways; at last, the author emphasized that in order to be in accordance with the international human right standard, our criminal law should adapt and absorb some measures from the system of death remit.In a word, although it is impossible to abolish death penalty system in China, it is not long before we realize this goal through the restriction way on it.