The Applicable Standard Of Death Penalty

After two and a half-century-long debate, the restrictions and the abolition of the deathpenalty has been an increasing number of legal scholars recognized. Although the criteria forthe validity of China’s death penalty system in the application of the death penalty andexecutions standards, in line with the demands of globalization of the death penalty. But thevalue of the death penalty, applicable targets, remedies, crime types, the standard of proof isstill facing many challenges. The introduction of the Criminal Law Amendment (h),13kindsof non-violent types of crime explicitly abolished the death penalty, following the January1,2007after the Supreme People’s Court to recover the Death Penalty, another veryshockingThe death penalty reform initiatives. However, based on the laws of the inherentstability and seriousness as well as the Criminal Law Amendment enormous public backlash,China’s death penalty system reform will be faced with more difficult problems, the futureroad of death penalty reforms will certainly be more hardships. In view of this, we should bereasonable to establish the direction of the death penalty reform, select the appropriate reformpath through active institution building, and effectively reduce the application of the deathpenalty on charges, limit the object of applying the death penalty, and improve theproceedings in capital cases, strict application of death penalty provestandards and so on, andgradually advancing to the death penalty restrictions until it is completely abolished.In this paper, system theory, research methods, mainly for analysis from five aspects:First, our concepts and features of the applicable standards of the death penalty. From thebroad and narrow point of view to analyze the standard application of the death penalty, andits main characteristics is described for the1997amendments to the Criminal Code. Second,from the justice and humanity, to analyze the standard application of the death penalty, thatthe death penalty is unjust, inhuman, China’s death penalty system should be a comprehensivereform, the applicable standards, as well as control of the reunification of the death penaltyand to narrow the scope of the death penalty, the finalpromote the abolition of capitalpunishment. Third, from the death penalty applicable legal standards, a detailed analysis for the main object of the death penalty. Fourth, from different periods in China’s criminal policyto analyze the changes in standards of application of the death penalty. Finally, from theproceedings and evidence of China’s death penalty cases, the use of the existing issues, thestandards proposed for the handling of evidence in doubt.