Theory Of Suspended System And Limit The Death Penalty

Death row is the original of a penal system in China."Section48of the Penal Code provides that" criminals should be sentenced to death, if need not be carried can be sentenced to death while declaring the two-year reprieve."Visible reprieve system is a special method of execution. Established purpose of the criminals sentenced to death, the statutory leniency plot, conditional execution of death penalty, in fact, to limit and reduce the actual implementation of the death penalty. Starting from the actual situation of China’s economic, political, cultural, proposed the abolition of the death penalty in our country at this stage is not realistic, we need to do is within the scope of existing criminal justice system, limit, reduce the number of executions.Obtained in the analysis reprieve applicable to the practical implementation of it for the limitation and reduction of the death penalty has played an extremely important role in the buffer. From the death penalty is inconsistent with the nature of the penalty, limiting the death penalty does not affect the social stability, limiting the death penalty to reflect the purpose of our penalty, public opinion, leading four proposed at this stage the feasibility of limiting the death penalty. Reprieve system has played an irreplaceable role in the death penalty the actual implementation restrictions, should expand its applicable, but first the problems of reprieve.8th Amendment of Criminal Law "Article50provides:" reprieve, reprieve during the execution, if not an intentional crime, sentenced to death, commuted to life imprisonment after the expiration of2years; if there is indeed a major meritorious service,2years after the expiration reduced to25years in prison; if an intentional crime is verified, approved by the Supreme People’s Court."The one hand, you should see the newly revised after the reprieve given a new vitality to the application of the death sentence with both retain the death penalty at the same time limit the possibility of the actual execution of the death penalty, reprieve the nature of the death penalty at the same time and can be converted to freedom modified after the reprieve to strengthen the freedom of the harshness of the punishment converted from the original15to20years in prison to25years in prison, it is the translation has degree; The other hand, the reprieve system there are problems to be solved, such as:reprieve change the implementation of the conditions are too harsh, the applicable conditions of the reprieve fuzzy difficult operating reprieve fall short of the test period is unreasonable. Improvement of the Stay of Execution System can give full play to the limit and the actual implementation of the death penalty function, for this purpose I perfect idea of the reprieve deficiencies in the system in the context of limiting the death penalty reprieve from clear that the applicable conditions reprieve during the concept of "intentional crime", is set to reprieve all executions necessary procedure to further improve China’s Stay of Execution System.