The Analysis of the Suspension of Execution for Death Penalty in Mainland China：Based on the View of the Death Penalty Abolition.

• Main Authors: Lin, Chung-Yi, 林中一
• Other Authors: Shi, Hwei-Yow
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/79771435786970899769

碩士 === 中國文化大學 === 中國大陸研究所 === 95 === 　　Abolition of death penalty has been an inevitable trend in the world. It is observed that some countries have retained the use of death penalty compromises with complimentary punishments, such as “ Life Imprisonment ”, “ Remission Institution ” and “Suspension of Execution for Death Penalty ”. Of those initiatives, the suspension of execution for death penalty is the major method dealing with the restriction and the rule of death penalty execution in Mainland China. This way does not only reach the goals of less execution, careful execution, the avoidance of wrong execution and thoughtless execution as to implement the penal policies of “temper justice with mercy” and “apply the carrot and stick judiciously”, but also mediates the disputes of whether to do away with the death penalty. However, the question to be asked is why doesn’t every country come up to follow China ‘s example that is the most original law system among the world if it’s proved perfect and complete after being put into practice for 30 years in China? What are the values, advantages, disadvantages, effects, and influences that this system is to elicit from its existence? Is it able to literally the dream of limiting the death penalty in its own right by suspending the death penalty execution? Compared with other alternative punishments for the death penalty abolition, does this system own any special qualities worth encouraging? These questions deserve more profound discussions. My research is hence to access the suspension of execution for death penalty in Mainland China by adopting the theory of death penalty abolition and the international laws that regulate the death penalty. By making comparisons between the alternative punishments and the suspension of execution for death penalty execution, this research found that the suspension method in Mainland China is set for the purpose to limit the use of death penalty strictly and reduce death penalty execution for progressing the abolition of death penalty. However, without proper understanding of its principal, the law regulation and execution have taken the suspension of execution for death penalty in the wrong way while the justice misconducts it. Since the death penalty caused the intimidation that the public supports, the suspension method results in little achievement of reducing the number of death sentence. Moreover, it creates more conditions the death penalty can apply to. Hence, in addition to requesting Mainland China to report the figure of death penalty sentence and execution for public supervision and judgment every year, a sound remission institute is in the need. To coordinate with the global trend of death penalty abolition, it is necessary for Mainland China to found a discreet revolution plan both for the suspension of execution for death penalty and the death penalty regulation. With progresses, it is expected to educate the public with a right attitude toward the death penalty and further to complete the abolition upon the revolution. My research concludes that the suspension of execution for death penalty should aim to decrease sentences of the death penalty, narrow the conditional range of death penalty, loosen the restriction and expand conditions for the suspension of execution for death penalty, reform the rules of the suspension of execution for death penalty, and retract the authority of death penalty approval from higher people’s courts to the Supreme People’s Court in order to complete the cross-check procedure of death penalty for a better system. Recently, the Taiwan government has continued to claim that the death penalty will be abolished through a procedure led by the principal of “Nation Founded on Human Rights”. It is to change the society's thought on the death penalty cooperating with criminal law modification as to decrease sentences of the death penalty by progress. Nevertheless, the suspension of execution for death penalty with the spirit of humanism in Mainland China saves the condemned criminals from confronting by the immediate death penalty execution, works the function of penalty prevention and compensates victims by punishing the evilness. Apart from that, it also brings about opportunities for economic lawsuit, truth finding, and help seeking. Despite the above-mentioned defects in the suspension of execution for death penalty in Mainland China, and if the system can be improved by adjusting into Taiwanese custom and culture in order to reorganize a law system of criminal penalty and the suspension of execution for death penalty the Taiwan society expects to have, it might help with the effect of reforming the death penalty system during this transition.