Comparative Study For Our Current System Of Death

Chinese legal scholars of the death penalty more, and comparison of methods used to obtain a great deal of foreign capital punishment results Death penalty is one of the ancient origin can be traced back to primitive society, Blood Revenge, but the penalty is not a legal sense. The death penalty is the product of class society, it appears almost simultaneously and the state. Marx said:"The death penalty is to the ancient blood for blood, with the state of the performance of revenge habits." Paper exposed the death penalty and the primitive society the relationship between blood revenge. Revenge is not the first rule, unrestricted, and this caused the family, tribal endless killing. Later, with the progress of history, evolution unlimited revenge revenge for the same state, that is only relative to the enemy to allow the victim of revenge, and retaliation against the extent and degree of fit. Later "Sharenchangming", "killer death" are resulting. According to Marx, the production of the death penalty, after all, basic social contradictions, that is productive forces and production relations, the economic base and superstructure of the conflicting results. From the economic causes of view, the end of primitive society, the development of the productive forces, an increase in material wealth, private property there, the protection of private property has become necessary, the deterrent power of the death penalty decided by the effectiveness of its protection of private property. From interpersonal relations, social class and exploitation appear to be exploiting class, the state needed to maintain the death penalty means the penalty privilege and dominance.18th century BC Babylon, issued the death penalty law, was the first death penalty law is more mature. It provides 25 kinds of crimes are punishable by death. In the 7th century BC Greece, once the death penalty as the only punishment for all crimes, is another minor crime, only a dead end.5th century BC, Rome also had the death penalty law, execution of a variety of means, such as the burned, drowned, tying a person beaten to death and so on. All along, the death penalty is considered to be the ruling class to maintain its domination of the most effective methods. The rationality of its existence has never been questioned. With the rise of modern bourgeois concept of human rights and universal human values of self-discovery and awakening, resulting in criticism of the death penalty thought and theory. Britain in the 18th century, there are 222 counts can be executed in between 1823 to 1837, will be almost half of the charges, from the death penalty in the program out. United States and other countries have very different is when is a nation-building complex. So basically the state level criminal law provisions. Therefore, the state's case is not the same.30's of last century, the United States reached a record high number of death records, an average of 167 people were executed each year, the 10-year 1940, the United States to implement the 1289 cases of the death penalty, dropped to 715 cases in the 1950s, from 1960 to 1976 16 years, dropped to 191 cases. At that time, American support for capital punishment reached historically low levels at the time, only 42% of people support the death penalty. The world abolitionist movement on a massive scale twice, once late 19th century and once after the end of World Warâ…¡, these two waves, there have been repeated abolished the death penalty. Ways and means are different, as clearly declared by the Constitution and abolish the death penalty law, or regulation of criminal law in all death penalty does not provide for species, mostly in Europe, such as France, Germany, the Netherlands, Luxembourg, part of the focus on Latin America, such as Venezuela, Colombia, Uruguay; abolish the death penalty for ordinary crimes, but for treason, military crimes, retain the death penalty the crime of piracy, such as Italy, Israel; are de facto abolitionist countries, these countries have the death penalty provisions of the law, but For the past 10 years have not implemented the death penalty or not a case of the death penalty, such as Turkey. Countries retain the death penalty are of important influence in the world, countries such as the United States, China, Russia, India, Japan, showing that the death penalty far from time to abolish the death penalty. The abolition of the death penalty after the sharp rise in egregious cases, such as the serial killer appeared in large numbers. In addition, some countries, without a referendum vote, so people do not support the death penalty in the emotional, such as France,67% of people supported the retention of the death penalty. Today, these two views will continue to debate. There are currently more than 200 worldwide Administrative Region of units, including 169 independent countries, and the remaining areas are not yet independent. There continue to argue the two points of view, it applies the death penalty being in constant change.Since 1983, China implemented the "Strike Hard" policy of the decade after the addition of the death penalty continue to count the number of criminals sentenced to death also increased, but did not play a more severe penalty, the greater its deterrent effect of the strong expectations for a serious containment criminal penalties more severe with no direct proportion between the effects of sex. So, kill more, the greater the deterrent force, there would be less crime, this conclusion is not desirable.Try this method and comparative study of standard analysis methods, the so-called comparative research methods, primarily by drawing on the domestic Hong Kong, Macao regions and foreign countries comparing the United States, Britain, Germany, France, Japan and other aspects of the death penalty abroad, research, search for patterns and differences to learn. Targeted to improve public scrutiny of the prosecution system.The text is total more than 32000 wordses and divide four treatises: Chapter 1 China's death penalty system from the concept and connotation of the analytical function through the system, the effectiveness of the death penalty, fairness, rationality, humanity was the type of the value of in-depth analysis;Chapter 2 Through the development of China's death penalty system and the status of the investigation, clear the death penalty in criminal law, the relevant legislation, clarifying the development process of China's death penalty system and the current application;Chapter 3 Is to introduce the death penalty system in domestic and international provisions, including China's Hong Kong, Macao, Taiwan and the common law and civil law meaning of the two legal systems have a typical representative of the many countries use the death penalty system, and thereby achieve the criticism and learn from effect;Chapter 4 Analyzes the abolition of the death penalty point of view of analysis, to find the problems and difficulties faced by the analysis were discussedChapter 5 Standardize and improve the basic idea of our death penalty system, combined with the actual situation of our country and the judicial practice of death penalty legislation, policies, legal, procedural and social aspects in detail the design and narrative, to achieve reform and improve the final of the death penalty purposes.