关键词；《刑法修正案（八）》；死刑适用；法律研究；制度完善
Research about death penalty’s application problem of Criminal Law Amendment (Eight)
Abstract
The latest Criminal Law Amendment (Eight) unveiled by National People’s Congress (NPC) has cancelled 13 death penalties of calculated crime and made the prerequisite that death penalty is not applicable to the old above 75 who make calculated crimes, and made the rule of limiting abatement from penalty to the convict sentenced to death with reprieve. Some academic authorities in law professed that the modification of Criminal Law reflected the humanitarian trend of our country’s legal system, and on this account appealed to cancel death penalty of all functionary economic crimes committed by malfeasants, which caused countrymen’s hot argument and fireworks among different viewpoints in our country’s legal circle. The faction claiming to abolish death penalty considered that the modification of Criminal Law this time protected the civil human rights operation and was a progress of our country’s legal system, whereas the faction claiming to reserve death penalty argued that the repeal of criminal’ death penalty weakened the power of our democratic dictatorship institution, shook the foundation of our country’s Criminal Law, and was unable to make suiting punishment to crime to the criminals and reflect the legal fair as well as the principle that all people are equal before the law.
Through multianalysis to Criminal Law Amendment (Eight), the writer considers that the amending clause that death penalty is not applicable to the old above 75 who make calculated crimes is inconsistent with the rule of Criminal Law’s general principles, damages the principle of suiting punishment to crime and makes the law’s inequality factitiously. The amending clause of limiting abatement from penalty is only restriction but not prohibition, virtually sacrifices minor things to save major ones, and retains the back door for malfeasants’ compassionate release and judicatory corruption. This paper proceeded a thorough discussion contraposing the viewpoint of mitigation of punishment on criminals and the amending clause of abolishing death penalty application in Criminal Law Amendment (Eight), found out the relevant problems of the amended content in this legal texts, and pointed out the legal loophole of the amendment about the principle of a legally prescribed punishment for a specified crime as well as the legal imperfection of the principle of suiting punishment to crime. According to the national conditions and current social situation of our country, this paper expounded a series of social phenomenon and problems, such as our country’s low quality standard of national, moral idea deficiency of citizens, corrupted social morality, common officialdom corruption, high incidence of public security cases and mass incidents, endless extraordinarily criminal cases, etc.
This paper analyzed seriously the crucial reason for increasing criminal crime cases year by year in our country, proposed novel thinking and viewpoint of people’s democratic dictatorship, discussed the specific mission and important function of Criminal Law in hitting crime and protecting people, described the indispensible effects of death penalty in the fight of awing and suppressing crime. Meanwhile, we announced the personal viewpoints for perfecting our country’s Criminal Law. First, abandon the human rights concept of western world, strengthen our country’s application of death penalty and execute death penalty seriously. Second, cancel the false provision that death penalty is not applicable to the old above 75 who make calculated crimes to achieve that all citizens are equal before the law with maximum limit, not that citizens are equal with difference before the Applicable Law. Third, reform our country’s prison term institution and indeed relax the application of prison term openly, to achieve that the crime committed by criminal is suitable to the punishment sentenced. Forth, regulate the conditions of limiting abatement from penalty to the convict sentenced to death with reprieve and confirm the standard of limiting abatement from penalty to the convict sentenced to death with reprieve. Fifth, reserve death penalty and use death penalty reasonably and effectively, let just gunfire ring out and punish crimes with more severe and effective methods to maintain our country’s political power of democratic dictatorship and socialism political system, to fulfill national stability, social peace and economic sustainable development.
Key words: Criminal Law Amendment (Eight), death penalty’s application, legal research, institutional perfection
