On the death penalty abolition of death penalty abolition of the controversy on by fdjerue7eeu

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									On the abolition of the death penalty, "Death Penalty" controversy

 controversial abolition of the death penalty

 summary:
 penalty in the death penalty is an important punishment are the most ancient, one of
the most cruel punishment, death penalty, people always think that criminals are
deprived of the ultimate punishment for the purpose of life, then what is the nature of
the death penalty what Nick? The world experts and scholars mixed views, the
purpose of punishment which is between Retribution and prevention of the most
sensitive points of dispute. Abolition of the death penalty has been 200 years of
history, from the reality, the history of mankind for centuries sustained the abolition of
the death penalty debate will undoubtedly continue. This debate has been the death
penalty and criminal law itself increasingly political, economic, philosophical, ethical
and other areas and aspects of penetration and expansion into, up from the surface
into all walks of life of ordinary people are generally concerned about a social
problem. Contrary to the human spiritual death, the death penalty in contradiction
with human rights. But the abolition of capital punishment can not only experts and
scholars argue, it needs to meet certain social conditions, limiting, the application of
the death penalty targets, restrictions on capital charge, from the death penalty to
restrict the terms of the death penalty, improve death penalty review procedures "to
prevent this penalty" is China's death penalty policy one of the three major
components, the death penalty review approach, conducting the necessary
investigation and verification methods, application of suspension limit expansion of
the death penalty immediately. This article by the Death Penalty Debate of the value
of the death penalty, that the long-term human development from the point of view,
with the development of human civilization, the death penalty should be abolished
eventually, but that the current social conditions, the current price paragraph words,
because the degree of development of social civilization and people's political
consciousness, and moral concepts, legal knowledge, legal consciousness has not yet
reached the required level of abolishing the death penalty, death penalty should adhere
to exist, but should be limited. And phasing according to social conditions, and put
forward some concrete ideas.

  death penalty is the oldest and one of the most cruel punishment to deprive criminals
of their lives as a punitive purpose, it is also known as the life sentence. On the
application of the death penalty, saying different countries around the world, in
modern civilization era, human beings are in pursuit of democracy, human rights and
freedom, death penalty, criminals are denied the right to life as the penalty, so the vast
majority of countries are against the abuse of the death penalty, In addition to a small
number of extremely violent criminals, the abolition of the death penalty, even in the
world, how long, is not the abolition of the more drought better, become an important
issue.
  retrospective of the death penalty from the deep, since the Middle Ages, the Western
kind of cruel and inhuman judicial sanctions to the perpetrators as a heterogeneous,
mixed and burned to death, to "never be back to life." Ancient China, Han and Tang
Dynasties had 3400 death penalty law alone, Qin Zhaoguang method is executed there
are 16 species, Marx proposed: the death penalty is the ancient blood for blood, with
the state of the performance of revenge habits, in addition to death penalty "from
Revenge "argument, there" from the war ", from" Fresh from the primitive people
used to, "" from the primitive taboo "and many say. Tracing the source, produces the
death penalty is the result of social development. As the ruling class, the country
appears, the law, with penalties, so the death penalty also confirmed down.
  death penalty, people always think that life is to deprive offenders of the standard,
then what is the nature of the death penalty is it? Death penalty is the heaviest one, the
purpose of punishment is Retribution and prevention of war between the most
sensitive point. Who appears in retribution, punishment to the perpetrators intended to
deserved punishment, in other words, the purpose of punishment is to punish and
punishment, on the contrary, prevention of crime prevention will be the sole purpose
of punishment. In general, the ancient punishment of a five purposes: first, revenge or
retribution, which is the purpose of mankind's most ancient punishment is revenge
with the state; second, atonement, the Christian doctrine of man as a born regulations
guilty person, human life is to redeem all of the activities themselves of sin; third,
deterrence, that is committed with a penalty scare people who do not commit crimes,
scare people who have no criminal not to bad; Fourth, correction, or is that education,
labor, probation can transform people's transformation; Fifth, the prevention of crime,
punishment is to prevent the recurrence of a crime, to protect the social order.
However, modern society in the end the purpose of punishment is retribution, or to
prevent crime, or they compromise, merger, different people in different countries
there are differences of opinion, the most prominent manifestation is the abolition of
capital punishment. Its class nature, the placing of the death penalty reflects the will
of the ruling class to maintain the interests of the ruling class, which is a tool of class
rule. Beccaria published since 1765, "On Crimes and Punishment," after the abolition
of the death penalty protracted dispute that began.
  I. "Death Penalty" argument
  (1) based on the social contract, on the death penalty abolished, citizens enter into
contract, but the state of individual freedom to the state, society, and not be legally
deprived of their life to the country. Abolishment of capital punishment as opposed to
the death penalty on the Existence of the view that people to make a living peace,
happiness, the conclusion of contract, the right to life is also lost to the community.
  (b) based on the nature of the penalty. On the death penalty for keeping that crime is
a social reactionary, the penalty is reactionary to crime, death penalty, in essence, is
the crime of retaliation, for the harm done is not crime in general, should apply a
lesser penalty amount. The only implemented for the heinous the crime is extremely
serious, the death penalty is the most appropriate penalty, it best embodies the serious
crime of extreme punishment and retribution, the death penalty is consistent with the
nature of the penalty. The death penalty abolishment of the view that, based solely on
retribution on the penalties prescribed by nature and not penal true meaning,
especially in today to promote people-oriented and democratic society for the criminal
policy reasons, the crime should be taken to teach not to punishment, to for the
purpose of education to urgently save the criminals, rather than for the purpose of
punishment, no matter what kind of crime against people who have scarcely the plan,
the penalty in modern society should be education-based model instead of retribution.
  (c) based on the preventive effect, the death penalty for keeping the idea that people
have while avoiding disadvantages, pursue happiness and avoid suffering the
psychological, of course, unwilling to face the death penalty. The death penalty as
punishment for all those who suffer the most extreme damage, natural with the
greatest deterrent effect is relative, limited. Death penalty, such as passion killings,
political crime, suicide and others, they have reported the "death-defying" attitude, the
death of these people do not have a deterrent effect, even thought it was a relief, can
not let the fear inside, so the death penalty does not have sufficient deterrent effect.
  (d) based on the constitutional norms. Abolishment of the death penalty that is
stipulated in the constitutions of countries to protect the right to life, but in the new
law, his son who could be deprived of life, this is contrary to the spirit of the
Constitution should be repealed. On the Existence of the death penalty is that the
death penalty does not violate the spirit of the Constitution, the Constitution in most
countries, with prohibition of cruel punishment, but this provision does not address
execution methods, but to the nature of their execution.
  (5) based on the judicial misjudgment. Abolish the death penalty argue that capital
punishment is difficult to correct the miscarriage of justice, should be expected to
abolish. Existence of Death Penalty argued that apply the death penalty very seriously
the judicial process, and strict surveillance, the trial carefully, before the verdict is still
submitted to the approval of the Executive, the verdict is confirmed there is still room
for correction Moreover, false positives can also occur in other sentences, the death
penalty is not public Lack of type species unique to itself. China's death penalty
sentencing, approval, implementation aspects such as soft law, the existence of people
denounced.
  particularly some of the district court, because of the death penalty does not cause
serious injustice, not only was later vindicated Shao snow, but died that is final, this
individual will never make up for the loss, if after ruling high-level judicial checks,
such grievances may be avoided, a few days ago, Premier Wen Jiabao said at a press
conference: the right to revert to Supreme Court approved the death penalty.
  (6) based on the economic penalty. Argued that the death penalty for keeping the
death penalty from the fundamental solution to the issue of recidivism of offenders on
the ruthless use of education can not restore the death penalty for those who
implement, reducing the life imprisonment or penal servitude for life the financial
resources of the existing waste. Abolishment of the death penalty who believes that
the death penalty is far from the high cost of unmatched by other penalties, and the
death penalty, the state lost the use of cheap labor.
  death struggle intensified, any argument value, what meaning is a question worthy of
our thought.
  2, "Death Penalty" Debate in the evaluation of
  from reality, the history of mankind for centuries sustained the abolition of the death
penalty debate will undoubtedly continue. Undeniably, this debate the death penalty
and criminal law itself has been growing political, economic, philosophical, ethical
and other areas and aspects of penetration and expansion into, making ordinary people
in all walks of life up the general concern of a social problem. However, with the
abolition of the death penalty, regard the death penalty deposit into an extreme, or
completely abolished, or of the death penalty. Philosophical sense the existence of
anything has its own rationality, but not necessarily good for humanity exists. On
China's legal history, the death penalty has existed for thousands of years of history. It
is the brutal rule of the ruling class to suppress the people. From Modern to
Contemporary, the death penalty still exists, in the process, many scholars proposed to
abolish the death penalty, and the increasing voices. Some scholars called for
increased penalties, to retain and expand the scope of application of the death penalty.
Deposit with the abolition of the death penalty should be based on China's national
conditions, a few days ago, two ended in remarkable occasion of China, Wen this
paper from www.5udoc.com [worry documentation] to collect and organize, for the
original author! Jiabao Premier of Western concern at the press conference on China's
"death penalty," answered a German journalist, Premier Wen said that out of our
national conditions, we can not abolish the death penalty, half the world's countries
still have the death penalty, we will use the system to ensure prudence and justice in
the death penalty. Section on current prices, since the degree of development of social
civilization and people's political consciousness, moral, legal knowledge, legal
consciousness has not yet reached the required level of abolishing the death penalty,
in the eyes of the Chinese people, still adhering to the "Sharenchangming, less repay
debt, "the traditional cultural thought. Once abolish the death penalty will inevitably
bring more people to ideological confusion and a certain degree of vicious random out
of control, lead to disastrous consequences, it is not alarmist. Coupled with our
current level of economic development can not adapt to actual conditions necessary to
abolish capital punishment needs, China abolished the death penalty in the current
rhetoric is completely detached from reality! The death penalty is still a need to
suppress, deter the criminals who committed heinous crimes, but we must not abuse
the death penalty, capital punishment, after all, is used to deprive people of life, a
most cruel punishment, I think it can kill a maximum penalty of limiting, from time to
kill, that is needed to death, but to strictly limit the scope of application of the death
penalty. Got to be sure who to kill is not got to be who must not killing, what is got to
be, what is not got to be, it needs to criminal law provisions, it would be legislators to
discuss issues.
  I will the death penalty the following limitations, conditions needed to abolish the
death penalty, to discuss death penalty, limiting, and how to limit the death penalty
point to mention their own views.
  3, the limitations of the death penalty and the abolition of the death penalty
conditions
  (a) the death penalty runs counter to human spiritual civilization. With the social
development, improvement in the level of human civilization, the application of the
death penalty less and less, gradually property, qualification penalty and freedom of
sentence replaced the death penalty method is also more and more civilization, the
death penalty should be said that all criminal The most important one, not the product
of highly developed human civilization, nor with the development of human
civilization, more and more developed; the contrary, the role of the death penalty is
uncivilized, inherited human remains, along with the development of civilization
falling gradually towards the end of the death penalty is related to the problem of
human life must be thought of civilization, the death penalty is a "double-edged
sword" and the use of good, can play a very good preventive effect, otherwise it
would not be human caused recover losses.
  (b) of the death penalty in contradiction with human rights. Rights more and more
attention, which is often attacked Western countries the focus of our topic, life is only
one of our human right to life is the most basic human right and the most important
rights, human life should be naturally end. With the development of medical science,
all the staff are all means to save lives, prolong life, the death penalty is going to end
their lives, that stark contrast between the two, one is a means to end his life, while
the other is is to try to save and prolong life, if abolished the death penalty, to retain
its life, its free service for the community to achieve the transformation of crime, to
prevent harm to society, but also help solve crimes and damages caused by criminals
and their families, mental harm .
  abolition of capital punishment can not only experts and scholars argue, it needs to
meet certain procedures and conditions.
, Social stability and the overall situation, easing social conflicts and crime rate.
, Strict social control on people in different countries with different social level of
control is different, if a country's strict social control, defensive everywhere, crime is
almost impossible, that the death penalty also disappear.
, Degree of development of social civilization of a country when the spiritual and
material civilization have reached a very high level, people's material and spiritual life
is very rich in various social security system more robust, able to satisfy basic social
needs, but also Who will have to commit a crime, the death penalty there is nothing.
, Penalty's deterrent strong enough. From crime to criminal punishment in the shorter
the time, the greater the penalty's deterrent. Given these conditions, the death penalty
still exists in our country of its value. The abolition of the death penalty or a long road,
but we should better bring a view to gradually achieve the purpose of abolishing the
death penalty.
  4, "the death penalty limiting," measures
  (1) limiting, the application of the death penalty targets. Provisions in the Criminal
Law Code the crime if the offender is under 18 years of age when the time is a minor,
or when the trial of the perpetrators are pregnant women, even at extremely crimes, do
not apply the death penalty. The reason why the provisions of the Criminal Code is
under 18 years of age as minors and pregnant women are good for the vulnerable
groups. Criminal law such a requirement, slow thinking, can not fully identify and
control their own behavior, of course, belong to vulnerable groups should also be
excluded from the application of the death penalty outside the object. "Tang Dynasty"
states: 1, more than 70 years, 15 below, and diseases waste those possessing still,
received redemption; 2 years more than 80 years of age, and Benedict illness who
commit inverses, bar person crime, the death penalty should be requested; theft and
assault who receive ransom; 3, more than 90 years, the age of ten the following,
though a capital offense, not Infliction. Should now be in China's "Criminal Law"
provides that "the trial is over 60 years of age can not apply the death penalty, the
judicial practice over 80 years of age will not have much impact, because the practice
of middle-aged people over 60 years of age are charged small, weak body and they
will not cause further harm to society. of course, but 60 years old who is full fitness
very good, and quick thinking and accurate should belong to "can not apply the death
penalty," the case of Office that case, there help improve China's international image,
double the legal system in China is no impact. So I hope this article will be included
as soon as possible is the process.
  (b) restrictions on death penalty charges. death penalty charges, which hung in the
Criminal Code provisions death penalty sentence on charges species, or one of its
legal punishment for the death penalty pestle, or the highest legal punishment for the
death penalty. First of all the settings to consider death penalty charge current death
penalty policy in China. because of the death penalty policies on the death penalty in
the death penalty is justice, and the death penalty all aspects of the operation, each
process has an irreplaceable important role. Secondly, the death penalty charges set to
consider the theoretical basis. Third, we must pay attention to whether the death
penalty for the offense set the penalty goal as well. China is practicing: strict limit the
death penalty, "the death penalty policies, stressed that no country should slaughter,
reuse the death penalty, nor any document that the death penalty in China to more, to
be killed from time to kill the kill. On the contrary, we are advocating is to limit the
death penalty and reduce the death penalty, which is a not an indisputable fact. Even
the most the country's leadership changes in the brewing process of the criminal law
is to reduce the death penalty in favor of limiting death penalty offense. China has
consistently adhered to "strict restrictions on the death penalty" policy, is still on death
penalty legislation and judicial use of a supreme guide, which is to be commended.
  (c) conditions from the death penalty to restrict the death penalty, the death penalty
as a condition of use of the death penalty specifications, standards and legal facts, to a
certain extent affect the constraints, and even determine the use of the death penalty,
therefore, correctly understand and strictly control the death penalty adherence to the
"kill fewer, kill carefully" and restrict the key to the death penalty, but how to
correctly understand the death penalty conditions are two-a condition that limited
death from the death penalty a prerequisite and key issues. Based on the above
conditions on the understanding and grasp of the death penalty, we believe that the
death penalty to correct the conditions identified, still adhere to the general principles
of criminal law "committed extremely serious crimes" as guidance: stringent grasp the
nature of crime: criminal behavior from the finds that adhere to no behavior can be
crime, punishment less than thought: harm results from the cell up take, if an act
could not cause any harm to society, criminal law, it can not be defined as criminal. In
the circumstances of the crime on a good grasp of the principle of proportionality, the
plot finds that the use of up restrictions on the death penalty plays an important role;
from crime is to correctly distinguish between intentional direct, indirect, intentional
application of the death penalty should be different.
  (4) improve the death penalty review procedures "to prevent this penalty," is get my
dead one of three major components of the policy, the death penalty review approach,
conducting the necessary investigation and verification methods. Specifically, this
approach is: the Full Court found the case by scoring a plot, a further verification of
the evidence, you can own investigation and verification, can also be submitted for
review by the court investigation and verification. Practice, general practice is: the
need for investigation and verification of land dot pitch closer review by the Court
review the Court's own investigation and verification, distance and submitted for
review by the courts of the investigation and verification. Submitted for review by the
Court in the investigation and verification step, due to report to review the court's
view that the death penalty should be set, so in the process of investigation and
verification is bound to collect all the circumstances of the death penalty can be set at
the evidence. Therefore, all review proceedings the court investigation and
verification by the review should be necessary.
  (5) expanding the limits of the death penalty reprieve for immediate implementation
in the country on death row death penalty as a species belonging to a system of
enforcement, it retains the death penalty, capital punishment on the offender as the
most severe negative socio-political and legal commentary; the same time, as the life
sentence, the inmates gave hope to students, thereby minimizing the death sentence
with immediate execution by the evils. Therefore, at this stage, China can not abolish
the death penalty case, the scope of application of suspension should be on expanding
as much as possible, to minimize the possibility of death sentence with immediate
execution of the object, in the judicial practice should be relaxed for this paper from
the www .5 udoc.com [worry documentation] to collect and organize, for the original
author! The scope of reprieve, even in the legislation requires that all crimes be
sentenced to death for reprieve. In short, the process of judicial practice, establish a
"small kill Caution," thinking, efforts to reduce the death penalty declared for the
principle of upholding the death penalty, efforts to limit the death penalty declared, in
strict accordance with the law, and efforts to exclude outside interference, strict
implementation of the "crime of statutory principles" "appropriate principles of
crime", so to equality before the law.
  death penalty, although the aims of education in criminal law, in the fight against
crime, crime prevention there are some limitations, but it has other penalties do not
have a special role, for the vicious violence, crack down on crime, deter crime,
maintain social stability in a proper and irreplaceable important role. An American
scholar named Eric had done a statistical, he thinks every death of a murderer, it is
necessary to reduce the seven murders. Therefore, the retention of the death penalty,
we should insist on continuing to retain the death penalty, while the reforms necessary
to make the death penalty to play a greater role in social conditions allow, the further
abolition of the death penalty.
  Bibliography:
  (1) "Dahe," January 21, 2003, announced today that version France version
Xiangdong author finishing the "abolition of the death penalty debate topics more
than 200 years"% D % A (2) "China's fine comments of law students select thesis
paper," 2002/10/17 <About the Death Penalty criminological thinking "of
Tang Liang
  (3)" Course of Criminology "(China Politics and Law University Press) in July 1998
first edition, Weiping Xiong, ZHAO Bao-cheng, Wang Shunan Editor
  (3) restrictions on the death penalty "(Wuhan University Press) in September 2001
for the first edition of Charles Jun
  (4) "Criminal Science" (University Press) Wang Guoshu Editor
  (5) "the civil and legal system" 15 期
  (6) "Tang Dynasty" Zhonghua, 1983 , Sun loudly on this paper from
www.5udoc.com [worry documentation] to collect and organize, for the original
author! / Center>

								
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