Title: The Negative Influence of the Traditional Chinese Culture on Death Penalty
Abstract: There exist three kinds of characteristics in the traditional culture of death penalty in China.The first is the sincere belief in the justifiability of death penalty.The second is the over- pursuit of the deterrent function of death penal- ty.And the third is the toleration to the over-pursuit of the retributive function of death penalty.Under the influence of the traditional culture of death penalty,the Chinese people worship death penalty,frequently require the court to sentence the criminal to death,and do not care for the basis for,and the necessary limitation of,the application of death penalty.The present author proposes that such a tradition would hinder the modernization of the Chinese legislation concerning death pen- alty and the establishment of modern standards concerning the application of death penalty.It also makes judges and govern- ment officers refuse to apply death sentence cautiously,which would hence cause the legal and just decision of capital case to involve in the improper intervention which comes from public opinions.Therefore,the traditional Chinese culture of death penalty should be sublated.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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