Approaches To Limited Using Of Death Penalty In China

The death penalty is the most severe punishment to offenders because it isempowered to deprive of the right of living. However, its application evolves a longperiod, from easy to complicated and from vague to specific. From the history of itscome out and evolution, we can easily notice that most countries in the world haveexplained the death penalty in details. Many countries have explored the deathpenalty tentatively and got some practical conclusions. Gradually, in recent years, itformed a trend to call on constraining and abolishing the death penalty. Recently, atrend that claims to constrain even to abolish the death penalty prevails. This trendrepresents a transition from abuse of death penalty to prudent using of it, which alsoreveals a turn from advocating severe punishment towards criminal to showingnecessary respect to human rights.Although some Chinese scholars have suggested that we ought to learn from theforeign advanced theories and abolish death penalty, considering our own nationalcondition, the death penalty cannot be abolished now, and moreover, it should existfor a period of time. Although every act of blindly insisting on abolishing deathpenalty is not reasonable and acceptable, it does not mean that we will stop ourdevelopment. Priority among priorities, we should explore the application of deathpenalty stood on our feet. Gradually, we deepen and widen its evolution and strictconstrain and control the application of death penalty from criminal, legislation andjudicial.This treatise discusses how to perfect the system of constraining the applicationof death penalty from four aspects. Foremost, it analyzes and concludes the currentcondition of application of death penalty in China. And it uses cases to explain therelated international provisions. Second, this treatise explores the provisions ofapplication of death penalty and unique reprieve in China. Through comparing andanalyzing, this dissertation confirms the necessity of application of death penalty.Finally, it discourses three ways to perfect the system of constraining the applicationof death penalty. And by reviewing the past criminal principles and according to our national basic conditions, the author gets the conclusion that it is improper to abolishthe application of death penalty in China now and also gives some advice on currentcriminal principles. Constraining its application is good for protecting human rights.To some extent, it can threaten offenders. So some countries still keep this penalty.While from real effect of application of death penalty and the complicated reasons ofcrimes, it cannot prevent crimes exhaustively. Owing to the limited impact ofapplication of death penalty, constraining it will be beneficial to stop it fromexpansion. The author of this paper realizes that abolishing the application of deathpenalty from legislation and constraining it to the maximum extent will be the bestattitude towards death penalty. The so-called judicial control is that during the traillink it will be prudent to apply the death penalty under the condition of criminal andjudicial provisions and legislation rules acknowledged. The conditions of the fault ofvictim, active compensation for the victim and conflicts leading to death by violenceamong folks are all what judicial control should consider for.