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On the Legislative Control of Death Penalty in China

Author: LuXiQun
Tutor: HuXueXiang
School: South China University of Technology
Course: Legal
Keywords: Death row Special amnesty Penalty structure
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


The death penalty as an ancient system of penalties, with the progress of modern civilization, the abolition of the death penalty is also much concern at home and abroad. China due to the death penalty provisions as well as the application of the death penalty makes our country in the international arena has been severely criticized, our cases and justice can not be achieved because of death penalty legislation to require the imperfect. The author hopes that the views through the legislative control of the death penalty in China to offer modest means. Chapter Abolition of the author examine the history of the death penalty, combing the origin of the death penalty, flooding, then put forward the death penalty. Author for China's current death penalty policy, as well as the death penalty legislation to require analysis of death penalty legislation to clarify the status quo, to pave the way for the below-depth analysis. The second chapter, the author provides control of the necessity of the death penalty legislation through the analysis of the current death penalty legislation, policies and legislation. First, the restrictions and the abolition of the death penalty has become a worldwide trend, improve international judicial collaboration in order to improve China's international prestige, and to crack down on foreign crime level, China should follow this trend, legislation limiting the application of the death penalty; Second, the death penalty is not only with the general drawbacks, such as the may cause irreversible damage to the deterrent effect of capital punishment in some cases can not be negates the perpetrator of the crime, the indulgence of public revenge instinct, and showed a lot of problems in China's legislative, judicial practice, which makes the death penalty legislation to control become necessary. The third chapter, the author focuses on the feasibility of the control of the death penalty legislation. Constantly is deeply rooted in the hearts of the people of the concept of human rights in China, increasing levels of economic, social system, and constantly improve the population acceptable gradually legislative control for the death penalty, limiting the application of the death penalty and will not threaten China's social stability, China also controlled for the death penalty legislation a certain amount of preparation, controlled conditions to further carry out the death penalty legislation is more mature. The fourth chapter, the author based on the foregoing analysis, general principles from the Penal Code, in sub-rule supporting provisions discussed China's death penalty legislation to control the path and specific strategies. General in criminal law, mainly focused on the standard of the application of the death penalty, the death penalty applies to objects, the system of death row, death penalty Amnesty regime, the penalty structure to build a sound; Criminal Law, mainly from Menthods sex crimes, nature is not particularly serious crime military offense, endangering national security crime angle commenced; matching requirements, mainly concentrated in the penalty enforcement provisions to ensure that the criminal law can play in the control of the death penalty legislation should value.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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