中国死刑发展方向 - 以中日死刑比较为视角 -

Abstract

Academic discussion on the death penalty has never stopped, especially in the "Criminal Law Amendment (eight)", "Criminal Law Amendment (nine)" A lot of the abolition of the death penalty Legal Advisors, the retention or abolition of the death penalty to introducing a small debate upsurge. Radical scholars advocate that the death penalty should be completely abolished, conservative scholars believe that the death penalty should be kept. Through the study of Japanese criminal law on the regulation of the death penalty, it is found that Japan is a country that retains the death penalty, but it is different from China's legal policy and legal tradition. China and Japan in the death of the death penalty, the death penalty execution procedure , the execution of the death penalty and the death penalty in the criminal law system, the status of the problem, there are some differences. Status of the death penalty in Japan has a reference to the correct understanding of the death penalty system in our country, the future development of China's death penalty can be divided into three stages: The first phase, in the physically and procedures strictly limit the death penalty; the second stage, the death penalty into the long-term rarely applicable period; the third stage, the spread of humanitarian become abolitionist core power.