Death Penalty Restrictions

The death penalty, is one kind of ancient punishment plants, it holds the important status in our country penalty system. In 2007, the Supreme People's Court takes back the right of reviewing death penalty to unified exercise; its purpose is to ensure that the quality of death penalty cases cautiously uses the death penalty to control the number of death penalty. But because of the influence of various factors, in the current circumstances of our country, cautiously uses the concept of the death penalty has not been generally accepted by the people. Therefore, the author believes that it is necessary to do more in-depth study about the development, the retention or abolition, the restriction and other issues of the death penalty. Based on the historical development of the death penalty to briefly review the present stage of the death penalty in our country and the need for restrictions, the death penalty and further restrictions on the historical development were discussed. Despite penalty extremely cruel in China's slave society and feudal society, but expression through successive dynasties of them to maintain "cautious punishment." Within this ideological guidance, on the one hand, the legislative classification of the death penalty, restrict the application of the death penalty object; On the other hand, establish the death penalty notice systems to limit the application of the death penalty. At the same time, the paper also exhaustively analyzes the controversy between restriction and expansion of the death penalty in the academic community, this argument generally exists in the academic circles, the solid service department as well as the general populace. This article holds that though the material of history and tradition, law and order situation and other factors, China still retain the death penalty at this stage is of great significance, but restrictions on the death penalty by the international community the mainstream thinking of the impact of restrictions on the death penalty issue will be increasingly more widespread concern. The reason, the death penalty did not apply uniform standards exist to such issues as the application of the death penalty has brought considerable negative impact, not only to our country and the international community have a misunderstanding thus not conducive to international judicial cooperation, and is not conducive to the formation of the concept of respect for human rights. In recent years, the trend on abolishing and restricting the death penalty in countries around the world has become increasingly obvious, internationalorganizations also played a huge role in the abolition and restriction of the death penalty, therefore, restrictions on the death penalty applies should become the direction of China's death penalty development. About how to restrict the death penalty, we believe that the death penalty should exist not only the scope of the death penalty application and restrictions in objects, but also the existing penalty system to be tailored to the "life imprisonment" real "have no period," and the second trial procedures to better address the issue of virtual home, the establishment of death criminal cases exceptions procedures (3 trial final appeal system), as well as construction of the death penalty pardon and commutation system. At the same time, I believe that, despite the restrictions on the death penalty is a historical necessity, but at this stage, not restricting unlimited expansion of the death penalty, particularly for causing the death of the victims, the existence of the death penalty still an important value, therefore, the limit death penalty also should have the certain lower limit.