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Outline of Legislative Limitation on Death Penalty

Author: LuoKaiJuan
Tutor: MaChangSheng
School: Hunan Normal University
Course: Basic Theory of Law
Keywords: International Convention on Human Rights Abolition of Death Penalty Legislative restrictions
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 215
Quote: 0
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Abstract


The death penalty , that is a life sentence , the penalty of deprivation of the right to life of the perpetrator . Penalty in the history of thousands of years , the death penalty is the oldest kinds of punishment has been among the top of various criminal calendar favored by society until modern times . The famous Italian Penalists Beccaria put forward the idea of the abolition of the death penalty in 1764 in his famous book \'s Emergence of the modern human rights movement , human rights have been gradually defined as a norm of international law , protection of human rights as the universal demand of the people , the focus of one of the issues of the death penalty is even more worldwide attention . This paper is divided into three parts . The first part of the international Convention on Human Rights on the death penalty attitudes visits : from the laissez-faire on the death penalty to the limit and then repeal ; The second part of the death penalty system in our country : Origin of the death penalty in China , the development of the course , the current legislative overview and the Death Penalty contention ; The third part is based on the international covenants on human rights standards , strict restrictions on China 's death penalty legislation : sub- entity legislative restrictions and procedures for legislative restrictions in two parts. By visits the attitude of the international human rights conventions to death , proposed that China should follow the international trends , to promote the idea of abolishing the death penalty . But in view of the actual situation in China , do not have the physical, spiritual , and other conditions to abolish the death penalty , to put forward our view to abolishing the death penalty after the full access to a well-off society in an all-round way . Therefore , premature to abolish the death penalty , but to limit the death penalty without delay . Legislative restrictions on the death penalty , not only from the physical , but also to be on the design of the program . The substantive legislative restrictions as follows: the scientific definition of the conditions and standards applicable to death , cut death penalty charges and narrows the application of the death penalty objects ; the program legislative restrictions as follows: to protect the rights of people facing the death penalty litigation , perfect death penalty review procedures , improvement of execution way , improve the system of commutation of death sentences and increase the number of death penalty pardon system . Only in this way , the only way to gradually move towards the abolition of the death penalty .

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