死刑案件量刑程序的模式选择.pdfVIP

Abstract Death penalty system is an important criminal justice system, it was produced along with the state arising, and it was improved with the replacement of social system and with the development of the country. With the advanced countries of Europe into the capitalist society, and the widespread launch of the Enlightenment, peoples increasing emphasis on the value of life, and began to attach importance to the human’s basic rights, thinkers, philosophers, criminal justice scholars began to re-examine the death penalty system. Death penalty has the natural attribute of depriving human’s life, and its means of implementation is cruel, so the debate of death penalty’s existence or abolishment happened. And it was spreading around the world, including China. The view of those who advocate abolition of death penalty is on the basis of the global economic and social development, so they receive more supports, and they take the initiative position in this debate. Now “restricting the death penalty, abolishing the death penalty” has become the trend of the world development. For the domestic factors and the international factors, China can not abolish the death penalty shortly, but as a responsible big country, we should cater to this trend, and reform the death penalty system by limiting the death penalty, abolishing the death penalty progressive gradually. From a legal point of view, there are two ways to limit the death penalty, first, by substantive law, for example, reducing the death penalty terms; second, by procedural law. Although limiting the death penalty by the substantive law looks great, the public still trus