| Since 1764 the Italian Scholar Beccaria first posed the idea to restrict and abolish death penalty on his famous book On Crimes and Punishment, the argue on whether abolish death penalty or not has last more than 250 years, and till now it has not drew a conclusion. At present, it is worldwide trend to restrict and abolish death penalty, and there are altogether more than a hundred countries that declared officially repealing the penalty, some other countries indeed hardly use death penalty. Presently China does not possess the conditions to abolish death penalty, but we need to begin with this work from limiting and reducing the penalty to completely repealing it on the base of our national conditions.Our country has made a great effort to restrict death penalty in legislating and jurisdictional process, and achieved a big progress, but there are still some affairs that can not be neglected. That some vague, rigid and out- of- date regulations lead to the application standard in judicial practice declined. The phenomenon that rather sentence the defendant guilty than setting him free prevents the principle of"presumption of innocence"from putting into practice, all of which have a bad impact on the process of restricting death penalty. Therefore, we should reform and improve death penalty system from legislation and jurisdiction two sides. Besides controlling standard for applying death penalty from substantial law, it needs to reform and remedy death penalty review system and evidence application regulations from procedural law to make sure that each case has a justice and legal procedural guarantee. In addition, that the more important and the effective method to restrict death penalty is to carry out the policy"less death penalty, strict death penalty"during judicial process under nowadays law frame. This paper mainly presents some conceptions on how to limit and reduce death penalty during the process of judging a case by combing author's understandings on trial practice. |
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