人权保障视野下我国死刑制度司法限制适用探究论文.pdfVIP

Abstra ct The death penalty is also called capital punislullent．The death penalty is， in human mstory， the most anclent a11d the most seVere penalt)，method．Over quite a 10ng Mstorical period，tbe death penal够was Viewed as廿1e way humall society copes with crime．1Ks soIutlon to cnme was the prima巧method．During the modem timesj staning wj也the E11lightement period，humall rights were begi衄ing to be discussed．The rational for which the death penal够exists began to be questioned．An Italian criminallaw scientist．Beica Asia． haS staned oVer 200 years ago to a_bolish the death penal够．Across the world tlle debate over the dea_c王1 penalty is on the rise．111 recent years，limiting the use of the death penalty or even abolishing the death penalt)r haS become the i11temationaltrend due to increasing imem“onal pressures．Is also precisely this joint intemational ef．fort t王lat is dfjving the human ri曲ts idea regarding the deatll penal够aIld the related renewal of伽s debate．Is precisely based on the aboVe unders伽ding， that this article， in tlle introduction of the death penaltV·s idea deVelopment，and the eVolution of this idea，as well as t11e comparison of the Chinese aIld torelgn death penal够system’s，foundation to encourage t11e ab01ishmem of the death penalty and proVlde the assurance of humall rights．Also the change in the inherent 1aws aIld the eVolution of the death penal哆system．The iIlherent Iaws and the trend of develoDment of the death penalt)，system are backgrounds．There are tv∞schoo】s of thought to the theorists and the educated legal world re92urding the death penalty to carry on t11e analysis and the debate．Our country will certaillly retajn tlle death penalty and depart丘om t11e iIltemational tidal current，We will be unable to acmeve the human r噜hts a11d the baSic safe2uard．Thjs vml also counteract，m our count巧conStruction of a harmonious society a11d so on several aspects， our country will haVe to ineVi讪ili砂ab01ish the death penalty．But，because of a negative lmpact on our coun