Contemporary Fate Of The Death Penalty System

The death penalty problem is not a problem in the primitive society, for a long time it is also not a problem in the nation societies, but in the modern western society it gradually becomes the topic that people pay attention to. When the human rights movement has been being on the upgrade and the step that abrogates the death penalty has been being fast gradually, then up to today, most nations in the world have abrogated the death penalty. The movement that the world abrogates the death penalty also affects China deeply, death penalty gradually becomes a topic in China, but China's culture tradition with the present state of our nation comes to a decision that it is impossible to abrogate the death penalty recently. So it is not the time to discuss the death penalty's abrogation .The writer thinks it can be the possible destiny of the Chinese death penalty system to limit the death penalty seriously, gradually to abrogate death penalty. What is the reason for?To answer this problem, writer analyzes the characteristics of the death penalty system , the Chinese death penalty system consists of the death penalty policy, death penalty lawmaking and the death penalty judiciary, and shortly introduce them, then evaluate them, give some advantages and a few defects .after analyzing and evaluating the main standpoints of abrogating and limiting death penalty ,writer thinks when discussing the death penalty problem we should consider the tradition and the state of the nation of China. Then analyzes the rationality of reserving death penalty in China according to the theories, such as special prevention theory, national theory, retributive theory and general prevention theory, thinks China also have to reserve the death penalty according to the nature of penalty. It is synthesizing theories, not only one theory to reserve the death penalty. Writer thinks we have to reserve the death penalty because of the tradition of Chinese heavy and penal culture, the actuality of China. Writer considers the nature of penalty, it is necessary to reserve the death penalty, because the pain that the penalty owes shows different penalty has different pain which is exerted on the criminal, then discusses the reasons for restricting the death penalty seriously. writer has discussed the reasons for reserving above, but the development of penalty...