Research on the Limitation and Abolition of the Death Penalty for Non-Violent Crimes in China

Author: Zhang Yuanhuang
Publisher:
Publish Date: 2006-12-01
Features: This book has the following outstanding characteristics: , broad perspective, and comprehensive arguments. The application of the death penalty to non-violent crimes lacks both the basis of just retribution and the expected deterrent effect. Therefore, strictly restricting and abolishing the death penalty for non-violent crimes as early as possible has become a basic consensus in China's criminal law theory. However, in terms of argumentation methods, existing research often focuses on the trends of the death penalty, human rights theory, and criminal law principles, resulting in strong speculative and rationalistic outcomes but insufficient empirical analysis and argumentation. Professor Yuanhuang, one of the few middle-aged scholars who studied criminology systematically abroad earlier, excels in criminological research, thus possessing the academic background to address the aforementioned shortcomings. In this book, the author comprehensively applies principles from criminal law and criminology. While providing a clear theoretical critique of the traditional debate on the abolition of the death penalty, the author also conducts an in-depth analysis and elaboration on the empirical findings of the deterrent effect of the death penalty and the factual basis for abolishing the death penalty for non-violent crimes, thereby expanding and enriching the justifications and reasons for abolishing the death penalty, especially for non-violent crimes.
Second, the author presents clear and innovative viewpoints. Regarding the essence of death penalty control, based on an examination of the origins and evolution of the death penalty, the author insightfully points out that what truly warrants inquiry in this issue is not the ethical foundation or utilitarian value of the death penalty's existence, but rather the degree of human civilization's advancement and the extent to which human instincts are restrained. Although death penalty control manifests as the reduction of death penalty offenses in legislation and the decrease in the frequency of its application in the judiciary, it fundamentally concerns the improvement of human survival conditions. The author strongly advocates for the complete abolition of the death penalty for non-violent crimes, proposing innovative conclusions such as: from the perspective of the characteristics of non-violent crimes, the death penalty is unwise in criminal policy decision-making; from the perspective of the causes of non-violent crimes, the death penalty is unmatched; and from the perspective of the trends of non-violent crimes, the death penalty is ineffective. Under this premise, the book also pays attention to the current actual situation, confirming that the legislative abolition of the death penalty for non-violent crimes is still difficult to predict accurately. It should aim to minimize the application of the death penalty as much as possible, correctly recognize and fully utilize the strong function of judicial control, and provide a comprehensive and in-depth elaboration on the possible space, paths, and methods of judicial control. This ensures a seamless connection between the legislative obligation to abolish and the judicial practical control. In terms of judicial control, the author's discussions on the value of the "extremely serious crimes" standard for death penalty control and the proof standards for death penalty cases are profound and innovative, offering positive practical guidance for judicial practice.
Third, the structure is rigorous, and the key points are prominent. The book starts with an analysis of the functions and trends of the death penalty, bases its arguments on the theoretical analysis and factual justification for abolishing the death penalty for non-violent crimes, and concludes with the judicial control of the death penalty as the practical focus. The entire book is coherent and integrated, with both a consideration of the need for complete argumentation and a highlighting of the book's key points, demonstrating the author's ability to organize research materials and command language.