On Limit The Death Penalty

The course of abolishing death penalty has undergone a historical vicissitude of about 200 years ,and up to now, the death penalty has been de jure or de fact to abolished in the majority of countries. Firstly, compared with the criminal law of other countries, the criminal of China is still relying too much on the death penalty in terms of legislation .This is mainly manifested on the following aspects:1.The scope of criminal articles stipulating death penalty is too wide.2.The number of altemative criminal articles and abusolute criminal articles stipulating death penalty is too large .3.The number of criminal articles stipulating death penalty for economic crimes is astonishing. With the development of human rights, the abolishment of death penalty has become a problem of major significance which is pertinent to he social cib'dization, states guo of rule of law and the label of development of human rights, limitting and abolishing death penalty is required by the enhancement of the internation honor of China, judicial cooperation with other countries and craching down the foreign related crimes.The abolishment of death penalty is still disqualified in China, because of the status guo of the cultural tradition and the social development. Therefor, the limitation of death penalty has become a transitional necessity in China, and it is feasible to the situation of China, which is demonstrafed that the people are still too much relying on the application of death penalty on the ground ofthe deficiency of altemative punishment for death penalty .Consequently, on the basis of the betterment of relevant institutions, the public opinion can be suitably guided. Concurrently, with the enhancement of institutions germane with the social control and crackdown of crimes, the measure of limiting death penalty can never endanger the stability of society.On the way of limiting death penalty, we should considerably single out the point of breakthrough and proceed step by step on the foundation of fully pondering on the de facto comprehensive situation of China. Form the view of longitude, the course of abolishing death penalty should comply with the social civilization, the development of rule of law and the level of human rights development, as well as the different stapes of them. From the view of latitude, the task of limitation of death penalty can not be completed at once, and it should be finished step by step through legislation and judicial practice in terms of diminishing the articles stipulating death penalty and the number of application of death penalty in judicial practice. Concretely speaking, the sequent aspects are included: Firstly, the large curtailment of death penalty against economic crimes. Secondly, limiting the application of death penalty against crimes of corruption and bribery. Thirdly, limiting the criminal articles stipulating death penalty against other types of crime. Fourthly, limiting the objects suitable for death penalty and widening the scope of objects excluding the application of death penalty.In addition, a series of matching measures should be taken for the need of the limitation of death penalty. Firstly, increasing the rates of application of punishment against competence and criminal fines to the economic crimes. Secondly, reshuffling the struefuse of the whole punishment with severity. Fourthly, sufficiently exercising the positive effect of temporary suspention of execution of death penalty. Fifthly, guiding the public opinion, and gradually changing their view of punishment.In brief, only by a historical and gradual way juxtaposed with a series of matching measures of the limitation of death penalty can the positive effect be acquired as anticipated and the solid way of the final abolishment of death penalty be paved.