Research On Abolishing Death Penalty In China From The Perspective Of Constitution

With the vigorous development of the international human rights movement,the abolition of the death penalty system has become an irresistible international trend.In such an international context,the issue of the death penalty has once become a hot topic in the discussion of China’s legal scholars.Of death penalty is a political social moral law and other fields of complex problems,from a legal perspective,there is no doubt that the death penalty of the constitutional issue because of the death penalty is a process of involving people the right to life is respected and protected,and the right to life itself is one of the most basic human rights based on the constitution to abolish the death penalty in our country from the perspective of the research subject of creation,is divided into four parts,the concrete content is as follows:The first part is the overview of the death penalty,the death penalty is deprived of human life the penalty of punishment is the most severe punishment in criminal law,the death penalty with suspension of execution and immediate execution the difference,the important research objects of this article,we immediately for the death penalty execution and there are complex relations between the right to life,has very close connection,have some conflict.The second part mainly introduces the evolution and present situation of China and foreign countries the death penalty in China as a country with five thousand years of civilization,the existence of the death penalty can be said to be very long time,the earliest can be traced back to primitive society system upgrading of each dynasty period,can still retain the death penalty system in our country is a profound cultural background,it also an embodiment of legal inheritance while retain the death penalty in our country,but for now our country has strict limits on the death penalty applies,embodied in:can be applied to death on charges of less and less,the applicable scope of the death penalty is becoming more and more narrow,etc From the international community the evolution and current situation of death penalty,death penalty in foreign countries is also very long,it has experienced from cruelty to civilization,gradually to the transition of most countries began to abolish the death penalty,nowadays,abolish the death penalty has become an irreversible trend of globalization at the same time this paper also introduces the related provisions of the United Nations for the death penalty,in the requirements and current situation of the foreign system of death penalty.The third part analyses the necessity of the abolition of the death penalty system of the death penalty in our country exist for a long time,to really explore its abolition,need from the aspect of necessity is analyzed from the aspects of law,abolish the death penalty has a reasonable legal requirements and legal requirements from the legal level,abolish the death penalty is not only reflects the protection of the constitutional demand,also reflects the procession of the criminal law needs;For national respect and safeguard human rights spirit of the constitution and the humanitarian spirit to carry forward has a positive role,from the judicial level,abolish the death penalty system to a certain extent,can prevent the happening of the wrongs,thus avoiding the generation of state compensation all of these create conditions for the necessity of the abolition of the death penalty.The fourth part expounds the constitutional thinking of abolishing death penalty system in our country.On the one hand,based on China’s basic national conditions,this paper analyzes the successful experience of the abolition of the death penalty system in the United States and France,so as to draw a reference conclusion,and puts forward the idea of abolishing the immediate execution of the death penalty system.On the other hand,it further puts forward the value pursuit of protecting citizens’ right to life.Starting from the value of the substantive law and the basic law,it respects and protects the right to life in order to achieve the goal of abolishing the death penalty.The right to life is the inherent rights,is a person cannot be deprived of absolute rights in order to fully respect and protect the right to life,the abolition of the death penalty has become an inevitable trend for further,abolish the death penalty is the embodiment of the progress of human civilization and constitutional law,therefore the future China will gradually abolish the death penalty in an all-round way.