Japan's death penalty system, status and prospects of China's death penalty system3419.doc
《Japan's death penalty system, status and prospects of China's death penalty system3419.doc》由会员分享,可在线阅读,更多相关《Japan's death penalty system, status and prospects of China's death penalty system3419.doc(20页珍藏版)》请在三一办公上搜索。
1、Japans death penalty system, status and prospects of Chinas death penalty system Key words: death penalty; repealed; the status quo; Prospect Summary: The Japanese Penal Code provides only for more than 10 kinds of crimes the death penalty can be applied. Judicial application of the death penalty in
2、 Japan who is extremely cautious attitude. Japanese criminal law scholars on the question of retention or abolition of the death penalty is still heated debate, scholars have largely held, the time too early on the Abolition of the death penalty, and that the abolishment of the death penalty should
3、also be a special alternative to the death penalty legal measures. Japan and even in death penalty abolition of battle there are deviations in the methodology, we shift the focus of future research should be an objective analysis of the pros and cons of the death penalty applicable to study and demo
4、nstrate the conditions for abolishing the death penalty should have, as well as abolish the death penalty should be used alternative measures. In China, the need to abolish the death penalty after a very long period of time, at this stage should be strictly limited the application of the death penal
5、ty as our basic national policies. I have been training in recent years, Japan, on Japans death penalty system as a bit of study. Understanding of Japans death penalty system, taking into account the status of the thinking of Chinas reform and development of the death penalty system, problems may be
6、 some benefits, for a brief introduction to the reader, combined with Chinas national conditions, to talk about some of my feelings about the death penalty system in China as prospects. First, the status of Japans death penalty system (A) legislative and judicial overview Japan is still retain the d
7、eath penalty. Japans current Criminal Code provisions in 12 of the Statutory Sentence includes the death penalty, that the following crimes the death penalty can be applied: (1) sedition (article 77, paragraph 1); (2) induced the media raided (Article 81); (3) Assistance to the media raided (Article
8、 82); (4) and currently residing in buildings, and arson (Article 108); (5) explosive offense (art. 117); (6) Baptist injury and currently residing in buildings, etc. crimes (Article 119); (7) subversion trains homicide (article 126, paragraph 3); (8) the threat of Consequential Aggravated Criminal
9、traffic offenses (Article 127); (9) watercourses homicide by poisoning (No. 146); (10) homicide (Article 199); (11) robber homicide (Article 240); (12) bandits rape homicide (Article 241). In addition, there are four special law provisions of the Statutory Sentence contains the death penalty, that t
10、he following crimes for the death penalty can be applied: (1) the use of explosives offense ( Penalties against explosives, Article 1); (2) Duel lethal crime ( The duel of the law Article 3); (3) seizure of aircraft and other lethal crime ( The crime of hijacking of aircraft and other law in article
11、 2); (4) to enable the aircraft crash killed crime ( The Taking of Aircraft such as the crime of the law in article 2, paragraph 3); (5) the crime of killing of hostages ( hostage-taking and other acts relating to punishment of the law Article 4). Article in the above method, only the Criminal Code,
12、 Article 81 provided for the media raided induced death is absolutely determined Statutory Sentence, while for other offenses under the death penalty only can select the applicable penalties. Moreover, according to Japans Juvenile Law Article 51 provides that the commission of the crime under the ag
13、e of 18 years of age shall not be sentenced to death. It is also necessary to mention that Japan correct the draft penal code although retaining the death penalty could apply the death penalty, but reduce the scope of crimes is limited to civil strife of the masterminds of the crime (article 117), i
14、nduced the media raided (No. 122) assistance to the media raided (No. 123), the explosive blast homicide (article 170, paragraph 2), homicide (Article 255), a bandit homicide (article 328), and the robber to death of rape crimes (article 329 Article 2). After World War II, the Japanese court held th
15、e application of the death penalty particularly cautious death penalty cases as a whole on a downward trend. According to statistics, from 1945 to 1997 for 50 years, Japan declared only 718 criminals to death, the actual implementation of the death penalty was only 609 people. Especially since the s
16、eventies of last century, except for one year (1988), the annual number of criminals sentenced to death in less than 10, less than an average of 4.2 people. 1 was sentenced to death for crimes committed mainly in murder and robbers to death (including a bandit killing) on the crime. If sentenced to
17、death in 1998, a total of seven people, including five persons who have committed murder, committed the crime of robbers who killed two people. 2, but over the years for the crime of the death penalty, most often the crime of robbers to death, followed by homicide. From the trend of recent years, Ja
18、panese jurisprudence of view, the prosecution of the death penalty is a very positive attitude, but the highest court is holding the attitude of a very prudent and Modesty, there is a tendency to try to limit the application of the death penalty. 3 the highest court in a 1983 case in the selection o
19、f the death penalty is defined benchmarks, namely, to retain the death penalty under the existing legal system, a comprehensive study of the nature of the crime, motive, form, in particular the killing of the means method of obdurate, cruel, the result of a significant nature, especially the number
20、of victims were killed, the bereaved family of the victim emotional and social impact of the Order of prisoners, criminal record, after committing a crime, after the performance of a variety of circumstances, in that the their guilt indeed significant, whether from the position of balance of crime o
21、r from the general preventive point of view, have had capital punishment, it should be said to have allowed to choose the death penalty. 4 (B) the retention or abolition of the death penalty dispute the background of Japan is now the issue of retention or abolition of the death penalty, the most con
22、troversial one of the countries. As early as before World War II, Japan emerged on the death penalty abolished. In 1956 the partial changes in the Penal Code, there have been filed in Congress to abolish the death penalty all the motion, but Congress stopped deliberations and therefore did not consi
23、der the results. Since then, although Congress has not directly considered abolishing the death penalty and then the motion, but the civil movement initiated by the abolition of the death penalty was not interrupted. If 200-plus members of the abolition of the death penalty Womens Council in 1983, t
24、he Speaker of the House and Senate proposed abolition of the death penalty petition. 5 As for the scholars have published or published in scholarly writing on the abolition of the death penalty, with even more numerous. At the same time, there are many academics and the public objection, advocates c
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- Japan's death penalty system status and prospects of China's system3419 Japan 39 system Chi
链接地址:https://www.31ppt.com/p-4010210.html