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Abstract
Death penalty is the most archaic and severest penalty among the penalty system,which is method of punishment regulated in Criminal Law to deprive the lives
of offenders because of the serious crimes they have committed.People began to
suspect the reasonability of death penalty with the civilization development of human
society. This writer believes that the death penalty abolition of the arguments on both
sides have some reasonable. However,the abolishment of death penalty is an
inevitable outcome of the development of human society and penalty.With the
development of economical,political,cultural fields of society,the abolishment of
death penalty has become worldwide tendency.
The complete abolishment of death penalty needs necessary material and idea conditions. China's current stage of the basic national conditions, material and
spiritual conditions are not ripe thus does not have the complete abolition of the death
penalty. So, the abolition of the death penalty in China must follow a strict restrictions
from the death penalty to abolish the death penalty altogether rational way.
This paper is divided into four parts, as follows :
The first part, the retention or abolition of the death penalty debate. On the retention or abolition of the death penalty two factions of the main differences
between the debate and described the author's point of view; And the retention or
abolition of the death penalty assessment. The second part, the death penalty system
of international legislation Profiles. With Japan, the United States and other countries
of the death penalty system and the status of the Legislative Overview, Note the
abolition of the death penalty has become a trend of world development, social
development trend. The third part, the status of the death penalty in China. China's
death shows the existing problems and the death penalty abolished the main basis.
The fourth part ,of the Chinese capital punishment legal policy choice of values. Make
recommendations in the legislative, judicial aspects of the death penalty in China
stringent restrictions, and actively create conditions for the death penalty in China's
eventual abolition.
Key words : death penalty ,abolition of the death
penalty ,restrictions on the death penalty