On The Abolition Of Death Penalty In The Choice Of Contemporary China

The death penalty, one of the most rigorous criminal penalties, is also a criminal penalty with the longest history. In slave society and feudal society, hundreds of accusations as well as tens of varied, savage and brutal execution manner had been provided in the law, among which many illegal penalties was excluded. Since the Italian pendogist Beccaria sprkplugged advocate the existence and abolishment of the death in his book Study on Crime Committing and Penalty, it has been last two-and-a-half century, even in today’s authority, academic circles and in folk. Even to this day, the death penalty has been abolished in more than sixty percent of countries. Against this backdrop, where should our death penalty system go, to exist or be abolished? The author thinks that the death penalty system in our country should be based on our specific national conditions and the principle of killing a little and killing carefully, and be further improved from legislation, judiciary, and procedure until execution.Apart from the introduction, this text includes four chapters:chapter one is mainly about the development and evolution of the death penalty system at all times and in all over the world, including those of which in slavery period, feudal age and modern times in foreign countries and in china’s semi-colonial and semi-feudal society and even after the founding of new China. The content in Chapter two is about the dispute of the existence and abolishment of the death penalty system. The author has made a systemic investigation and study on the dispute and the dispute focus, and work out the viewpoint from analyzing the theory dilemma of the two parties. Chapter three mainly state that the death penalty system should be strictly restricted not abolished because of the realistic national conditions in our country. The text explains the reasons for the necessity of keeping the system in China from the perspective of the moral idea of the public who have strong retribution idea, and the government’s authority. But at the same time, the death penalty in our country should stick to the principle of killing a little and killing carefully, and strictly limit the application of death sentence. In chapter four, the author write the realization approach of the death penalty should be strictly limited from legislation, judiciary, procedure and execution aspects. For legislation limitation, the setting standard of the system, accusation setting and setting technology should be limited; for judiciary limitation is to establish the system application standard, applicable negative and positive standard and to limit the discretion; for procedure limitation is introduce restorative justice, fully play the role of the suspended death time, and improve the procedure for review of death sentence; for execution limitation is to provide against the death penalty execution time, and perfect the concrete execution operation. The last conclusion, based on the reality of our country national condition, should take in a gradual way, steadily promoting the reform of the death penalty, retain the death penalty and strictly limit the death penalty is the realistic choice of contemporary Chinese correctly.