| The death penalty charge refers to the criminal law definitely prescribes the death penalty as a legal punishment of crime. There are 55 death penalty charges set in the criminal law of our country,both the number of the death penalty and the proportion of the total charges are big. This paper is based on the distribution of death penalty crime in the specific provisions of criminal law of induction and analysis, has set up the problems of death penalty charges from many aspects, thus further in order to solve these problems and put forward the corresponding improvement suggestions, summarizes the principle and mode of death penalty charges.From the development of the death penalty charges since the founding of our country and combined with the current criminal law of view, It can be seen that the death penalty in our country has too wide range, description of crime is fuzzy and so on. How to solve these problems ? Take the United States and other two countries and regions as the representative, Their death penalty charges enlighten our country that reduce the death penalty is the inevitable trend and adjust the setting of the death penalty ang so on.At the same time, Selecting Han Dynasty and Tang Dynasty as the representative of the Chinese ancient death penalty charges, divided into different types of death penalty crime the legislation situation in the two dynasties, summed up Han Dynasty and Tang Dynasty of the death penalty crime legislation to enlighten the modern, including a clear relationship between law and morality, downsizing in different kinds of crime charges, etc. Death penalty charges in China should follow the principle of setting, it is a generalization and abstraction to the existing crime of death and the death penalty charges in the future development trend of our country, concluding the real setting principles of death penalty charges, including the principle of proportionality and other two principles,through the theoretical basis for mining,the setting of death penalty charges also shall follow the principle of tolerance, etc. On the problem of the mode of death penalty charges set up in our country, on the basis of discussion about death penalty charges legislation mode which is taken at the head of the paper, the death penalty charges in our country ought to be mode to keep existing penal code is uniform relatively, no longer add specific criminal law, through the way of criminal law amendment to realize the merger of death penalty charges and the legal punishment of death penalty charges be ensured relatively,to perfect the legislation mode of death penalty constantly. |
