Abstract
The death penalty is the severest one kind of penalty systems, the death penalty calls the Life sentence, is taking eliminates person's life as the content one kind of penalty system, it occupies emphatically the important place position in the criminal law penalty system, has received all previous dynasties successive dynasties ruler's favor. However, more than 200 years ago, Italian renowned jurist Cesare Bonesana Beccaria, in its representative works "Discuss Penalty And Crime" in a book, proposed explicitly for the first time the death penalty system is opposite in human culture unfairness, from that has caused the near modern legal science intense argument, regarding the death penalty question, the educational world has two viewpoints, the retention death penalty and the other is abolishes the death penalty. In the world death penalty abolishes in the reform hold superiority situation our country to choose the retention death penalty, is our country historical development necessity inherits with develops, tallies with our country fundamental realities of the country, saves sets at the death penalty to have the strong social soil and the deep humanities environment in our country, therefore in quite long time Our country will choose the retention death penalty, but certainly strict limit death penalty's being suitable. This article plans through to carry on the introduction and the analysis to our country death penalty system's present situation, forms a relatively comprehensive understanding by the time to our country's death penalty system, then carries on some beneficial ponders to the present death penalty system, places hopes in has a benefit to our country's death penalty system's consummation.
Specifically speaking, this article first part from death penalty's definition, death penalty's essential feature, death penalty's function three aspects elaborated our country death penalty system's connotation and the function, enable the reader to have a clear understanding to our country's death penalty system. Since the second part has summarized our country to found a nation the first death penalty legislation characteristic, then through to three stages and two "Penal code" the elaboration, causes our country related death penalty's legislative advancement to be clearly discernible. The third part narrated our country death penalty system present stage existence subject matter, through the careful reading criminal law educational world's research, the view, the viewpoint, proposed solves these question legislative aspect. The fourth part summarized our country death penalty system's judicial present situation, the subject matter, as well as in view of the question countermeasure and legislative, judicial, the judicial interpretation consummation. The fifth part through to the full text high summary, unifies the domestic and foreign death penalty system's actual situation, had pointed out our country present stage death penalty system existence's necessity and develops inevitably forward objective truth.
This article in the limit death penalty aspect, emphatically from the legislation, the judicature, the procedure, the surveillance and aspects and so on system of announcing the death sentence with a two-year reprieve and forced labor carries on a series of limits, thus achieves cautiously with death penalty's goal, through this article elaboration, form a relatively comprehensive understanding in order to our country's death penalty system, then carries on some beneficial ponders to the present death penalty system. Because myself knowledge is limited, the deficiency, still invited the excuse me.
Keywords: Death penalty policy ，Death penalty system ，Subject matter ，
Countermeasure and consummation
