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...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.展开更多
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. Chin...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.展开更多
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 ...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.展开更多
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 mil...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展开更多
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...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.展开更多
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 civilizatio...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.展开更多
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 q...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.展开更多
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 ca...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.展开更多
文摘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.
文摘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.
文摘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.
文摘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
文摘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.
文摘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.
文摘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.
文摘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.
