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
In order to settle criminal cases promptly and save on judicial resources, using plea bargaining to settle criminal disputes is both an immediate need and a rational choice for China. In the application of plea bargai...In order to settle criminal cases promptly and save on judicial resources, using plea bargaining to settle criminal disputes is both an immediate need and a rational choice for China. In the application of plea bargaining, comprehensive consideration should be given to multiple values, including efficiency, justice, harmony, and tempering severity with leniency, Plea bargaining should be applied in cases that do not involve a felony, should be based on a determination of the nature of the crime, and should be limited to bargaining over penalties. Plea bargaining agreements are entered into by the procurator and the defendant, and do not extend to the judge.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.
基金a phased result of the Program of the National Social Science Fund of China"Research on the Division Mechanism in the Criminal Trial Procedure"(Grant No.:10CFX032)
文摘In order to settle criminal cases promptly and save on judicial resources, using plea bargaining to settle criminal disputes is both an immediate need and a rational choice for China. In the application of plea bargaining, comprehensive consideration should be given to multiple values, including efficiency, justice, harmony, and tempering severity with leniency, Plea bargaining should be applied in cases that do not involve a felony, should be based on a determination of the nature of the crime, and should be limited to bargaining over penalties. Plea bargaining agreements are entered into by the procurator and the defendant, and do not extend to the judge.
