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 i...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.展开更多
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 facto...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.展开更多
文摘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.
文摘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.