Cross the chasm from the immediate execution of death penalty to the death sentence with a reprieve --- Interpretation of the ＂not to execute immediately＂

Retaining the death penalty and strict restricting the application of the death penalty is now a basic criminal policy in China, and from the judicial level, the key to the restriction of the death penalty is to study what lenient sentencing discretion the criminal has to constitute ＂not to execute immediately＂ when he has reached the standard of the immediate execution of the death penalty, to cross the chasm from the immediate execution of the death penalty to the death sentence with a reprieve. The basic process of the sentencing is to establish a baseline punishment on the basis of the social harmfulness of the activities of the criminal, and then measure the profits and losses according to the offender＇s personal danger. Therefore, although the social harmfulness of the activities of the criminal reaches the standard of the ＂most heinous crimes＂, due to the existence of the fault of the victim, active compensation for the victim, and the motives of the small blames and other lenient sentencing discretions, the criminal＇s danger has not reached the degree of ＂flagrance＂. Apply the death sentence with a two-year reprieve and even the life imprisonment generally. If there are some strict sentencing discretions, such as ＂the crime means is extremely cruel＂, carefully consider the use of the immediate execution of the death penalty. Under the circumstances of the concurrence of the sentencing, carry on the overall consideration based on the comprehensive measurement of various circumstances of the sentencing.

Implications of Human Rights in China's Death Penalty Policy and its Manifestations

China’s policy of preserving the death penalty but controlling the death penalty strictly reflects the core value of striking a balance between the protection of human rights and the maintenance of social order. China has achieved remarkable results in strictly restricting the application of the death penalty in recent years, as reflected by the gradual reduction in the number of crimes punishable by death. To further promote human rights protection, China should gradually reform its death penalty policy by moving toward the goal of completely abolishing when the time is right, which requires continuous efforts at different levels across various stages.

When Is the Death Penalty Ok?

The death penalty is corn monly referred to as the legal practice of taking a human life in responseto a crime committed by the convicted person. It is a diffi cult and emotional topic though widely practiced in many countries. But whether any government is justified in carrying out the process is unfathomable.

Will the Death Penalty Stop Food Safety Crime?

IN recent years, food safety has become an issue of huge concern. Scandals involving product contamination or the illegal use of banned additives have been repeatedly exposed to the public, like melamine in infant milk powder and the recentc lenbuterol in pig’s feed. In the milk

SPECIAL ISSUE： EXAMINING THE DEATH PENALTY IN CHINA The death penalty and human rights

Human rights are those rights that all human beings should enjoy in reality. The concept is one whose concrete content has evolved over time and diversified across space. While the disappearance of the death penalty is a historical necessity, in China it remains a necessary measure to protect the basic human fights of ordinary citizens. A correct understanding of the provisions of the present Criminal Law would make it entirely possible for us to reduce the actual application of death penalty by 90% in five to ten years. With the easing of social conflict, China may really be able to cease using the death penalty in the foreseeable future and thereby facilitate its disappearance.

SPECIAL ISSUE： EXAMINING THE DEATH PENALTY IN CHINA Abolition or retention： rethinking the death penalty in China

The idea of abolishing the death penalty is increasingly accepted as a goal by scholars in the field of criminal law, who have put aside all consideration of national realities and the crime situation. Among the factors that have brought about this theoretical consensus is a very important one： statistical data on those counlries that have abolished capital punishment, together with the assumption these figures promote： the fiction that ＂abolition of the death penalty is a world trend.＂ Looking objectively at the number of countries that have abolished the death penalty, reflecting upon the unscientific nature of the statistics that scholars have swallowed whole, and exploring the current international situation are all valuable activities that may significantly assist our thinking on this issue in the context of Chinese realities and help us avoid the pitfalls and blandishments of figures in academic research. China＇s stage of historical development and overall situation mean that this is not the time for the immediate abolition of the death penalty.

SPECIAL ISSUE： EXAMINING THE DEATH PENALTY IN CHINA On the ＂criterion＂ of proof in capital cases and the revision of the Criminal Procedure Law

To guarantee quality in capital cases, the first essential is to ensure substantive justice, which means that there must be no problems with regard to the facts and evidence in the case. In ensuring that there is no qualitative problem with either the facts or the evidence in capital cases, the first consideration is that there should be no chance of an irretrievable error. At the same time, it is necessary to forestall any unforgivable miscarriages of justice. To do this, it is necessary to meet the ＂criterion of proof＂ for imposing a death sentence, that is, the requirements for proof. As the requirements for proof can only be guaranteed by adequate procedures, China＇s Criminal Procedure Law needs to improve its handling of procedures relating to capital cases.

SPECIAL ISSUE： EXAMINING THE DEATH PENALTY IN CHINA Abolishing the death penalty：the logical necessity of the irrationality of the death penalty

The logic of proponents of progressive abolition of the death penalty is that although it is illogical and inhumane, it remains rational in today＇s China because of our national circumstances and level of civilization. This is a contradiction in terms. What is illogical should be abandoned. It is spiritual self-abuse for intellectuals to run together the repeal of the death penalty and traditional culture, our current state of civilization, and the attitude of the mass of the people. Just as the popular will has never been the reason for the existence of the death penalty, it has likewise never been the force that resisted abolition of the death penalty. Philosophers have no political power over whether the death penalty is retained or abolished. Just as its preservation best serves the interests of the implementation of political power, so the motive force for its termination comes from the political power of the state and its representatives - politicians.

SPECIAL ISSUE： EXAMINING THE DEATH PENALTY IN CHINA An empirical study of the application of death penalty

This empirical study of legal interpretation takes as its sample all ＂capital crimes＂ from among the Supreme Court＇s exemplary cases. The study finds significant variations in which crimes are construed as being capital crimes, which capital crimes carry the death penalty, and whether the death sentence is carried out immediately. Based on these findings, the author concludes that legal interpretation involves both normative and autonomous judgments, and that the law itself should be clarified to the maximum extent possible so as to bring about a greater degree of standardization in the application of the death penalty.

HUMAN LIFE AND HUMAN RIGHTS:DEATH PENALTY DATA AND SENTENCING PROCEDURE DURING THE SONG DYNASTY

The adjudication and amnesty system in the Song Dynasty has been thoroughly researched by academia,but the annual death penalty numbers have not been credibly determined due to insufficient and disorganized historical records.The period's policy that no innocent person would be executed was based on the double-digit record of capital punishments for Zhenguan during the Tang Dynasty,and the execution number was adjusted accordingly.As a special procedure,Zoucai(a request for judgment)was used to reduce the death penalty numbers.The value of human life,concern about excessive execution,and trimming of the capital punishment regime resulted in conversations between the emperors and their officials about the death penalty,which allowed the law that executed capital punishments during the Song Dynasty to strike a proper balance between justice,efficiency,and mercy,while avoiding rigidity and abuse.

Should the Death Penalty Have an Age Ceiling?

On August 23, the Standing Committee of the National People’s Congress, China’s top legislature, conducted the first reading of an amendment to the Criminal Law,

Muted Message： Capital Punishment in the Hollywood Cinema

Contemporary Hollywood films seem at first glance to be opposed to capital punishment. However, this article＇s consideration of five surprisingly similar films （Dead Man Walking, The Chamber, Last Dance, True Crime, and The Life of David Gale） finds that they do not truly and consistently condemn capital punishment. Instead of suggesting that the practice of capital punishment is fundamentally immoral and should in general be ended, the films champion only worthy individuals on death row and delight primarily in the personal growth of other characters who attempt to aid the condemned. In the end, Hollywood offers only a muted message regarding the on-going use of capital punishment.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.