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 argumentation. The application of the death penalty to non-violent crimes is both lacking in the basis of just retribution and ineffective in achieving the expected deterrent effect. Therefore, strictly restricting and abolishing the death penalty for non-violent crimes at an early stage has become a basic consensus in the field of criminal law theory in China. 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 achievements but insufficient empirical analysis and argumentation. Professor Yuanhuang, one of the few middle-aged scholars who had systematic criminology studies abroad earlier, excels in criminological research, thus possessing the academic background to address the aforementioned shortcomings. In this book, the author comprehensively applies the principles of 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 distinct views and dares to innovate. 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 existence of the death penalty, but rather the degree of advancement of human civilization 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, and concludes that the death penalty is unwise in criminal policy decisions for non-violent crimes, mismatched in terms of the causes of non-violent crimes, and ineffective in the context of the trends of non-violent crimes. 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 to the greatest extent, 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 good connection between the legislative obligation to abolish and the judicial practical control. In terms of judicial control, the discussion on the value of the "extremely serious crime" standard for the death penalty and the proof standards for death penalty cases is 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 a practical anchor. The entire work is coherent and integrated, with both the need for complete argumentation and the emphasis on the key points of the book being considered. This reflects the author's ability to organize research materials and command language.