中国死刑立法改革方向分析-analysis on the direction of legislative reform of death penalty in china.docxVIP

PAGE PAGE 4 humane, are given to answers. However, the writer does not only focus on the dispute of existence or abolishment, but further confirms the method how to reform the current Chinese death penalty based on The Criminal Amendment Chapter 8. In the third part, Under this basis, this part adjusted and analyzed national conditions, public opinions, social harms, etc which related to the various death reformation.. In the fourth part, which is the difficulty and key of this article, the evaluation to the trend of reformation described in The Criminal Amendment Chapter 8 is made. Detailedly, the abolishment of death penalty on specific crime by breaking socialist market order, breaking social management order and stealing. Furthermore, this part analyzes the characteristics of specific crime constitution, the background and reason to sentence of death and how the lawgivers make the decision of abolishing death penalty in terms of Country condition, public opinion and social endangerment. In the fifth part, by analyzing the Country condition, publish opinion and social endangerment, the writer, based on the standard of the lawgivers, regards that although great progresses have been made by The Criminal Amendment Chapter 8, there are still some defects in the reformation of Chinese criminal law in terms of the death penalty on drug crime, offenses of counterfeiting currency, crime of graft and bribery which is widely discussed at present, and some conflicted death penalty, caused by diverse standards or insufficient understanding, like crimes of endangering national security, public security and personal safety. Some crimes shall be sentenced to death penalty while it doesnt or some crimes should not be sentenced to death while it does. Key words：Death penalty, Crime, Reform, Restriction 目 录 HYPERLINK \l _bookmark0 引 言 1 HYPERLINK \l _bookmark1 一、新中国死刑立法改革的背景与内容 2 HYPERLINK \l _bookmark2 二、新中国死刑立法改革的依据 4 HYPERLINK \l _bookmark3 （一）国情 5 HYPERLINK \l _book