A Study on Rationality of Retaining Death Penalty in China at this Stage

Abstract

With the development of the international human rights movement and the humanitarian concept, it seems that the abolition of the death penalty has become an inevitable trend of history, however, the author believes that the abstract discussion of whether the death penalty should be abolished has no practical significance. In this paper, the author explores the current situation of China’s death penalty system and the theoretical and legislative disputes about the abolition of the death penalty at home and abroad. It is concluded that China’s retention of the death penalty at this stage is not only basic on utilitarian, retribution, penalty, humanitarian and other theoretical support but also has a very necessary realistic basis. Based on the above discussion, the author proposes some suggestions for the improvement of China’s death penalty system and hopes that those measures could make China’s death penalty system more perfect and that the substantive rights and procedural rights of Chinese condemned criminal can be effectively guaranteed.