Dissertation > Excellent graduate degree dissertation topics show

Reflections on the death penalty system in China

Author: WuWenXue
Tutor: WangYang
School: China University of Political Science
Course: Legal
Keywords: Death penalty system Legislation Judicial Perfect
CLC: D924.12
Type: Master's thesis
Year: 2005
Downloads: 453
Quote: 1
Read: Download Dissertation

Abstract

This article is to examine the death penalty system, combined with China's actual situation on the basis of the history of development and the abolition of the worldwide exploration and study from the legislative and judicial aspects of our current system of capital punishment. This article is divided into three parts introduction, body and conclusion. Introduction, a brief description of the historical development and current status of the death penalty system, historical choice of the death penalty system, indicating China's death penalty system in the legislative and judicial insufficient to clarify the purpose of the writing of this article. Body, a total of four chapters from the four aspects discussed. Chapter 1 An Introduction to the death penalty. First, the death penalty History. Death penalty, also known as a life sentence, is the oldest means of a penalty in the history of mankind, experienced sprout from the primitive society, slave society, and the emergence and development of the feudal society to modern society, the abolition of the process, but also a process from barbarism to civilization. Abolition of the death penalty basic views and reasonable development direction. Introduced the death penalty abolition of the basic ideas and the death penalty retained on the fundamental point of view, combined with the trend of the era, to clarify the reasonable direction of development of the system of capital punishment, the abolition of the death penalty is the inevitable result of the development of human civilization. Third, the value orientation of the death penalty in China. Combined with China's national conditions, that is, from an economic background, political background and humanistic background analysis point of view at this stage not to abolish the death penalty system, but should restrict to some extent. Chapter II, after the founding of the death penalty legislation under review. Mainly review of death penalty legislation in the penal code of 1979, the death penalty legislation in the death penalty before the 1997 Criminal Law Amendment separate criminal legislation and the 1997 Criminal Law. Criminal Code of 1979, on the death penalty legislation adopted a very cautious attitude to the provisions of 28 death penalty charges, but to the 1997 Criminal Law Amendment before the separate criminal death penalty charges rose to 74, reflecting the high death penalty rates, 1997 years of criminal law, the death penalty charges there had been some cuts, get some manifestation of the policy of limiting the application of the death penalty. Chapter 3, China's death penalty legislation and Perfection. This is a key chapter of this article, mainly from the lack of legislation and improve the general principles and sub-set of a capital charge defects and improve the two areas to explore, and the corresponding legislative proposals. General Provisions in the lack of legislation and perfect six aspects. First, the \Pregnant women do not apply the death penalty should be standardized, should the concept of \The third is to expand the the objects scope of the death penalty shall not apply to proposed should be increased by new mothers, the mentally ill and the elderly does not apply the death penalty. Reprieve system loopholes in the law, from the provisions of the applicable conditions of the reprieve, reprieve processing reprieve changes to the implementation of the three aspects are analyzed and discussed. Fifth Death Penalty conflict of laws, to exercise unified by the Supreme People's Court should be asked the Death Penalty (including reprieve). Sixth, the defects of the method of execution, should put an end to the inhuman, degrading method of execution. Points in a capital charge set

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Types of Punishments
© 2012 www.DissertationTopic.Net Mobile