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
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 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...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.展开更多
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 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.
