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On the death penalty in China 's restrictions apply

Author: LiuBaoXia
Tutor: ZuoMingAn
School: China University of Political Science
Course: Criminal Law
Keywords: Death penalty China Restrictions apply
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 189
Quote: 2
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Abstract

In this paper, the death penalty in China 's restrictions apply for the topic , from the four aspects are discussed. First, the death penalty in China 's Li Shiyan Ge and development trends are analyzed and summarized. Secondly, it analyzes the necessity of the death penalty restrictions apply . Again, discusses the death penalty restrictions apply to the basic approach . Finally, learn from ancient China retained the excellent legal culture heritage. First , the author discusses the death penalty in China 's Li Shiyan Ge and trends. Chinese dynasties of the law has provisions on the death penalty . After the founding of New China , the application of the death penalty also made strict limits. General principles of criminal law on the death penalty in 1979, dedicates a section made ??provisions in 1981 and 1997 after the new criminal law period, China promulgated the 23 single Criminal Law, revised 97 criminal law on the death penalty issue made ??some changes , mainly reflected in the death penalty applicable conditions . 97 after the enactment of the Criminal Code , the country has successively promulgated the Criminal Law Amendment 4 . Secondly , the author analyzes the necessity of the death penalty restrictions apply . Restrictions apply to the death penalty , is conducive to the protection of fundamental human rights. China has joined the United Nations on human rights of the two international conventions , but also for the respect and protection of human rights explicitly recognized by the Constitution . The death penalty 's deterrent force is limited, restrictions apply to help prevent death magnification. Based on the death penalty to curb serious crime has the strongest deterrent to this view, some countries still retain the death penalty. In effect , the death penalty is not a panacea ; Judging from the root causes of crime are complex and diverse , so the death penalty 's deterrent force is not absolute ; attitude from the death penalty , it can be seen that the death penalty has a deterrent force relatively limited . The death penalty is necessary to impose limitations applicable ; historical facts from abroad perspective , the death penalty has never produced a valid on crime deterrence . Again , the author discusses the death penalty restrictions apply basic way . Legislation abolishing the death penalty or a maximum limit of application of the death penalty , but the death penalty to the most limited way ax at bay . Many scholars call for our legislative abolition of unintentional homicide or serious bodily harm to the health of the criminal penalty . The so-called death penalty, judicial control is a criminal justice policy and legislative provisions established under the premise part in the trial , the death penalty through strictly controlled conditions to reduce the number of death penalty and reduce the proportion of judicial activities . The limit applies to the death penalty and public opinion guidance. Restrict the use of the death penalty , public support and guidance is an important aspect can not be ignored . Finally, I made ??a reservation in ancient China learn from the excellent cultural heritage of legal claims . Forgiveness regime change in the objective application of death penalty cases in ancient China . Influence of ancient Chinese system of capital punishment is another factor for prosperity concept and benevolent concept, the annual number of death penalty applies to evaluate each dynasty as an important indicator . From a social point of view, in ancient China, authoritarian political environment , which to some extent, restricted the death penalty , so they can not move towards excessive abuse . Ancient Chinese concept of Heaven on the death penalty system has a certain impact. View retribution for the death penalty in ancient China played an important role in the constraints , is the ancient Chinese capital punishment for an important part of culture .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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