The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of ...The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.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The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.
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.
