死刑是否应该废除【英文研究报告】
- 1、下载文档前请自行甄别文档内容的完整性,平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益,请联系客服反馈,我们会尽快为您处理(人工客服工作时间:9:00-18:30)。
It centers around the issue of death penalty,shows different kinds of excusion in different times and countries and discuss whether death penalty should be abolished or not. Should The Death Penalty Be ABOLISHED or RETAINED?
By
Yan Chunshuang
Deng Mingda
Dong Qiushi
LvChade
Yu Yang
Class0907301
School Science
Harbin Institude of Technology
May 23rd,2010
Abstract
The People's Republic of China is the world's executions than any other country, during which inevitably will bring a lot of injustice, and all of us want to see the second "Dou E", so we wrote this paper is intended to cause national attention to the State in punishing serious criminals could take better and more effective measures, not just a simple implementation of the death penalty, so as to reduce damage caused by the death penalty to the families and also to the prisoners a chance of rehabilitation, unnecessary under certain circumstances to reduce further crime. We had 50 different professional questionnaires, accordingly, we should abolish the death penalty that does not depend on human will, different backgrounds should be a different decision, we need to continuously improve laws, to avoid the occurrence of injustice, which requires our courts to sentence the death penalty is more prudent and cautious. Key words
the death penalty
injustice
background
prisoners
abolish
Introduction①
The death penalty, also known as capital punishment, executions, the world's most ancient one sentence, that executioner based on the legal powers to end the life of a prisoner. Deprived of life suffer the penalty of this approach are usually the offenders who commit serious crimes in the local. Although this "serious crime" is defined often controversial, but retain the death penalty in the current state of, in general, "intentional killing" of prisoners sentenced to death must be one of the major reasons.
As early as the beginning of civilization have the death penalty, but so far the majority of countries have abolished the death penalty. Still retain the death penalty are China, the United States, Japan, Singapore and other 75 countries, developed countries, only the United States and Japan still retain the death penalty. At present, most European countries (only exception of Belarus) have abolished the death penalty, on the one hand is based on the religious background of these countries, according to "the Old Testament • Creation", the human committed unpardonable crimes several times, but have received God amnesty, hope people can change their minds, so the human can not jeopardize the creation of the
Father's authority over life and death, God gave man pleaded guilty in return for the chance to turn over; the other is based on democracy, rule of law, humanitarian development.
Sentenced to death are known as "death" or "Condemned." Death usually before execution, will be sent to a specific cell for solitary confinement. On the one hand, the judiciary recognized the need for the death penalty, and to make preparations for the execution; the other hand, can allow death to have a final opportunity to appeal. According to Amnesty International's statistics and other information:
88 States and Bermuda, Hong Kong, Macau, Niue, Turks and Caicos Islands and other areas are not the death penalty for any crime.
10 countries and COK only for exceptional crimes have the death penalty, no death penalty for ordinary crimes.
24 countries have the death penalty for ordinary crimes and 10 years, has not executed any person, or if the death penalty does not make international commitments (such as Russia).
75 States and China Taiwan have the death penalty for ordinary crimes.
According to other statistics:
The world's 99 countries and territories retain the death penalty mainly shooting, hanging, beheading, electrocution, gas, stoning, injected with 86 countries executed by hanging in 77 countries only China
People's Republic and the United States the death penalty by injection.
( fromBaidu Encyclopedia )
Participants
Deng Mingda, Dong Qiushi, LvChade, Yan Chunshuang, Yu Yang Instrument:
Questionnaire Survey
Related information②
NieShubin miscarriage of justice the murderers to death for the former prefer to give the deceased Xi Yuan
At 6:38 p.m. on May 10, 2010 China Network Southern Weekend reporter Zhao Ling from the bottom of Hebei After 2 years and has been without Kuxun of NieShubin case judgments in April this year appeared suddenly mysterious. -The so-called "murderers" Wang Shu-Jin in the first instance, sentenced to death this year, after April the High Court to appeal to the Hebei reason is not Procuratorate v. the rape of a crime health murder, resulting in innocent people (NieShubin) wronged. Although the High Court of Hebei has been
inadmissible, but the mother said, according to Nie, the Supreme Court has accepted their complaint before the country's HebeiNieShubin was sensational case, after two years of silence, in the past few months to get a breakthrough.
Two years, Nie mother many times for his son's case to the Hebei Province Supreme Court appeal could not provide the trial verdict were to reject it. However, 4,5 months of this year, a mysterious courier way people were sent the NieShubin's case a second instance verdict to appeal the case to remove the biggest obstacle.
At the same time, more drama ensued. Also in April this year, the first trial sentenced to death Hebei Wang Shu-Jin High Court to appeal on the grounds it is not Procuratorate v. health one of its rape murder crimes, resulting in innocent NieShubin wronged. Wang Shu-payment is to know your escape death, but would like to book their evil Adds one life, and not make good scapegoat. These dramatic changes, so that once law experts believe the case has been Department desperate NieShubin, suddenly saw the chance of survival.
Lawyer's core view that the NIE was convicted simply based on his own confession, there is no direct evidence of NieShubin indeed raped and murdered a Hong. Accordance with Article 35 of Criminal Procedure Law provides: "Only confession of the accused, no other evidence can not be found guilty and sentenced." Others state that "circumstantial
evidence only in the form a complete chain of evidence, and exclusion of other all possibilities of the situation, before a conviction." Questionnaire
1.Do you think the death penalty should be abolished? ( )
A.Yes, I do, because__________
①He should be responsible for murder ②Can be a deterrent to crime
③Have a deterrent effect ④Should be given severe punishment for
serious criminals to ⑤Not enough to appease the resentment of not to kill
B.No, I don’t think so, because__________
①Too cruel, inhuman ②Against the people-oriented ③Violated the human
rights of prisoners ④Should give a chance of rehabilitation ⑤In a particular case will lead to escalation of crime
2.Do you think there is somebody that can’t be saved forever? ( )
A. No
B. Yes
3.If you are still at large death row, you will choose to surrender? ( )
A. Yes
B. No
4.If you are about to be executed at the terminal stage can only do one
thing, what will you do?
____________________________________________________ _______________
5.Do you think what should be given the family of the death penalty to
injustice compensation? ( )
A.Economic compensation
B.Related leading public apology
C.Could not be compensated in any case
Data collection:
Question 1:
The death
penalty should
be retained
The death
penalty should
be abolished Question 2:
No
Yes
Question 3:
YES NO Question 4:
05
10
15
20
Question 4Prison Break Family Gatherings Entrusted funeral Recall A meal Watching the Sea Doing good Suicide Around the World Wait death Murder
Repent
Question 5:
Economic
compensation
Related leading
public apology
Could not be
compensated in any
case
Analasis and Findings:
Question 1:
There are many ideas about whether death sentence should be canceled. Most people think that the death sentence should be kept. Because it has deterrence to the crime, which makes people fear. Then they will not correct a crime recklessly. Among them, part people think that a life for a life is very regular for a murder. They loathe the offender, even they feel offender which commit big error should be given serious punish. Or people won’t calm down the indignation. Only in this way can people calm down the inner indignation.
The rest people think the death sentence should be canceled. They
think we should give offenders a chance to correct their errors. What’s more, we always emphasize to make people fundamental. The death sentence is going against the view. Through investigate condensed questionnaire. We can summaries that most people have no sympathy with prisoner easily. They detest the offender and think it is offender that wrecks others’ happiness. If the death sentence is canceled, then the society will lose the order. More people may be killed.
Question 2:
There are 58 percent of people think that there are some people in the world that can’t be saved. This choice is more than the other. The goal of the capital punishment is to punish the people that can’t be saved to warn the people, in another world, to save another group of people who is at the edge of crime. Of cause the people who can’t be save should be punished even to death. But 42 percent of people point out that everybody can be saved if we pay out heart, and it’s need time to lead them to right road.
Question 3:
If you are an escaped criminal, whether you will go to surrender yourse lf? About 50 percent of people choose “Yes”, the rest choose “No”.
I think the select have relation to one’s courage, values and outlook on life.
If the person is upright and bighearted, he will go to voluntarily surrender yourself. Because he must be responsible for his action, on the contrary, if the person is of dreadful appearance, he has no willing to hear to hear his duty.
Question 4③:
This is an interesting imagine. And from the result we can see what people are thinking when they are going to die. 42 percent of people choose to enjoy sometime with their family. They want to see their family last time. Maybe they say thank you or sorry to them. Maybe instead of doing this, just sit beside them and have dinner like before. So many people’s choice tells us that our family is the most important in our life. And even the most violent culprit has the fundamental love. The second choice is to escape or even kill the others. This thought can be comprehended. Manage to be alive is the appetence of every animal certainly human beings. But if the death penalty is going to be carried out reality, there are no questions that other more crime will come up. Besides them there are also some people who choose to enjoy the remaining life. Of example to eat a big dinner which has many things they haven’t eat before, having a travel of the whole world, enjoying the memory. By all appearances this group of people have accept their coming death. Even some choose to kill themselves. They don’t want to die under the gun. Only 8 percent of people choose to regret. We should
think the death really come to our goal.
Question 5:
As long as the death punishment is exist. The grievance is there. 70 percent of people think that if the death is wrong, nothing can do to compensate their family. The life has been gone forever. No matter how wise dome the judge is, he can’t insure that he can be always right. Maybe the cost of a small error is a life, which will be our most sorrow. Conclusion
Death is the punishment of criminals and bound people in, so people under the fear of the death penalty,not dare to make some moral violations. However, this had to cause us to reflect on human nature. Is it only because of the strong constraints, the development of human society can be stable? what a role dose the code of ethics in human society have played?
The death penalty has been with mankind for thousands of years, as a penalty, both as a punishment for serious crimes, but also a constraint on human nature. As for whether the death penalty should be canceled, does not depend on people's will, but the background should be decided according to different. Although at this time, calls for human rights increase all the time, we have seen, some criminals are increasingly
rampant. If the day that the death penalty was abolished really come, then some people will become more unscrupulous. Of course, this relates to the penalty of life, we also need to constantly improve our laws, not to put any innocent person to death execution ground. Of course, if one day the death penalty has no longer necessary, it will be a new chapter of the history of human civilization.
Reference
①百度百科·死刑:/view/22571.htm?fr=ala0_1_1
②南方周末,认真对待一名死刑犯的建议:/content/27644
③搜狐精华区百家讲坛:
/read_elite.php?b=zz0156&a=5869582
④《死刑制度史History of the death penalty》ISBN:7503687839,2008-09,Law Press。