On The Death Penalty System

The article analyzes the present death penalty system in China with setting the generation and development of death penalty as its starting point the basic theory of death penalty as its guidance, aiming at analyzing the matters of existence and abrogation of death penalty, as well as providing the sound measures on current death penalty system in China.With the combination of several international and domestic viewpoints about the existence and abrogation of death penalty, the writer expressed some personal opinions, that are: the advantages and disadvantages of existence and abrogation of death penalty, this should be measured from the aspects of whether it can promote social progress, advantages and disadvantages in practice and economy as well as the functions of death penalty. Through this method of measurement, together with the combination of the social status in China, the opinion that our current death penalty policy should embody on 'Three Principles"-----mitigation of penalty, respect for human rights and restriction of death penalty that are applicable, is put forward.The specific measures are reducing the imputation of death penalty, perfecting the death sentence system with reprieve and extending the restriction scale of death penalty. The writer analyses according to the general orderliness that things develop, and makes a conclusion that it is inevitable to eliminate the death penalty. But under the present Chinese situation, eliminating the death penalty completely doesn't possess ripe qualifications either in the aspects of the economical foundation or the spirit layout of public, or the ideas of legislators. However, it cannot deny the inevitability of death penalty just because of this. The writer made a conclusion that eliminating death penalty completely in China will be fulfilled inevitably in the future through the analysis on the orderliness of social development, the nature of nationality and the functions of crucifixion as well as the general situations in domestic and foreign countries.