On The Death Penalty Applicable Law Perfection

The death penalty once or still plays an important role in the world, but with the progress of human civilization, people’s awareness of human rights is continuously enhancing. And the death penalty which has a homomorphic revenge imprint of primitive society has been gradually unable to adapt to the development of contemporary society. Since1764. the famous Italian Panelists, Beccaria, advocated the abolition of the death penalty, people’s steps of civilization always accompanied by controversy on the Abolition of Capital Punishment. Discussion of the global community on the issue of the death penalty become more and more fiercely. Countries and regions of the abolition of the death penalty are also increasing year by year. And how to limit the application of the death penalty has also become the focus in our country. From2007, China executed immediately review the death penalty under the terms of reference of the Supreme People’s Court to the2011Criminal Law Amendment VIII cancel13kind of death penalty charges, limiting the application of the death penalty has taken an important step in our legislation. And, under the guidance of the criminal policy of kill less and more careful, the number of the current application of the death penalty in China is declining.However, compared with other countries, the death penalty applied in our country has more limited space. There are some malpractices in current application of the death penalty, such as Sentencing judge based on experience, or according to case summary, lead to the application deviation, the difference between Death penalty suspended for two years and Death immediately is not significant, leading to applicable confusion, and the review of death sentences also has some malpractice. So, to improve the application of the death penalty, should improve the following four aspects:establishing a unified concept of the application of the death penalty; clearing reprieve applicable conditions; standardizing the death penalty review content; improve the supervision of application of the death penalty. As a result, to limit the application of the death penalty.