The death penalty should not be abolished I don't agree to abolish the death penalty Although the modern social law already got rapid progress, but all kinds of new crime countinue emerge in endlessly, some to human society caused serious damage. When the death penalty to deter those criminals and punishing crimes are of great significance. Criminal law is a regulation crime, criminal responsibility and penalty law, criminal punishment and protect the task include two aspects for criminals, the death penalty is the most severe penalty, abolished the death penalty can only let some criminals more open. In our country, our country to retain death penalty goal the realization, for those crimes extreme criminals only applicable death, can we make it no longer crime, so as to achieve the purpose of special prevention punishment. In addition, reserve death conforms to our country present social values, for the majority of citizens support, have to meet the social public security psychological needs to function. But to abolish the death penalty is beyond the present stage of social values for our citizens, not accepted, will lead to social pub1ic psychology fear. Always, I think in the now retain the death penalty is accord with the interests of human society needs, is beyond reproach. Of course, for the death penalty we hold to extremely cautious attitude, avoid because of the death penalty for error
caused irreparable damage. This needs from the use of death penalty conditions of restrictive and death penalty object, applicable procedure and so on various aspects to restrict. Common sense would tell us that despite the outlaws but not much, most person still afraid of death. But from this common sense deduced the death penalty special discount of deterrent to crime is from impulse: if that is too late weigh consequences, If a crime is carefully weighing after the decision, so first weigh and main balance must be crime escaped after the possibility of not escape when instead of the penalty, because once seized, even if the lightest of criminal law is enough to make crime is not worth the candle. But anyway, the deterrent threat of death or life imprisonment or than be larger. The real problem is to improve the detection afraid to increase penalty of death penalty for deterrent cost and increase deterrent costs of punishment for comparison. In addition to the death penalty special deterrent, there are two factors determine the China will not be abolished the death penalty malignant violent crime. The first factor is China's current fixed-term imprisonment, the longest only fifteen years, several crimes only 20 years, life imprisonment SiHuan and actual prison time is usually only a dozen years (after many commutation) to 20 years. Such a short sentence was not enough to prevent those
malignant especially large criminals after their release, also cannot continue to harm to society to eliminate the victim relatives and witness the fear. The second factor is "the manslayer die" revenge punishment traditional concept still very strong, and the national general lack of tolerance mentality, need to cut the involvement of death penalty jsut hatred are reported chain. The death penalty abolition will eventually to existing penalty system caused by certain impact and disadvantageous effects, causing punishment on some of the openings, so to abolish the death penalty at present is not advisable.
法 学 20091201032
马 逸 峰