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Research on Policy Uzbekistan Abolished the Death Penalty

Author: WangShengHua
Tutor: ALiMu·ReHeFu
School: Xinjiang University
Course: International Law
Keywords: criminal policy abolish the death penalty democracy human rights utility
CLC: DD914
Type: Master's thesis
Year: 2010
Downloads: 83
Quote: 0
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Abstract


Policy of abolition of the death penalty is an important part of criminal policy. It is not only an inevitable trend of development of human rights but also an essential symbol of measuring a country’s situation of human rights that a cuontry abolished the death penalty. International human rights laws’basic attitude toward the death penalty experienced a transformation from indulgence, limitation to abolition. It is a process of game either keeping the death penalty or abolishing the death penalty in a State. Abolishing the death penalty requires all kinds of feasibilities such as politics, economy, culture,law,society and so on.Uzbekistan’s policy of the death penalty had a great difference between before independence and after independence. Before independence,it followed the Soviet Union.The death penalty didn’t belong to any kind of punishment in Criminal Law of the Soviet union.Moreover,the death penalty was only an extraordinary method of punishment and it was the tactics of expediency.Socialist countries should restrict, reduce as far as possible making conditions and abolish completely step by step. After independence, Uzbekistan’s condition of human rights improved gradually,which had a favorable effect on course of abolishing the death penalty in Uzbekistan. On August 1, 2005 Uzbekistan prepared to abolish the death penalty, adopted“abolished the death penalty in stages”strategy,and took a series of measures during the course of the death penalty reform.Its specific manifestations were that loose of justice and legal system, liberalization of punishmet system, preventation of brutal corporal punishment and measures of superseding the death penalty etc.On January 1, 2008 Uzbekistan formally abolished the death penalty.It became the 134th country of having abolishing the death penalty in the world. There were several reasons for abolition of the death penalty in Uzbekistan: to get rid of the negative evaluation of“the Anjiyan events”and strive for dominant power of Central Asia in politics; to renovate relations between American and European Union so as to win their assistance and support in economy; to cherish life right which Islamic laws of human rights contain; to cater to UN’s resolution related abolition of the death penalty in law.Besides,there was firn support of Uzbekistanese people in culture. Compared with Turkmenistanese abolition policy of the death penalty ,there were significant differences between them in time, condition, content, and cause etc.Uzbekistan abolished the death penalty on condition that its economic development lacked vitality,crime rate continued rising,democracy and rule of law laged behind other country of Central Asia relatively,which carried with very strong tools and utilitarian. These questions have to arouse our thinking. However, Uzbekistan’s policy of abolishing the death penalty had positive significance to a certain extent.Perhaps it will bring into theory and practice of Chinese policy of abolishing the death penalty effect in future.

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