Traditional Culture Encyclopedia - Traditional customs - My opinion on the death penalty system in China.

My opinion on the death penalty system in China.

At present, major radical countries, including Britain, France, Germany and other EU countries, have explicitly abolished the death penalty-respecting the right to life, the most basic human right, is the basic condition of a civilized country. As a punishment that deprives people of their right to life, the death penalty has obvious revenge nature. Accurately speaking, it is a vicious criminal law means of fighting violence with violence. There is a problem that can well illustrate the uncivilized characteristics of the death penalty-now everyone admits that corporal punishment such as cutting off one's left and right hands, gouging out one's eyes and cutting off one's ears is uncivilized, and no matter what crime one commits, no matter how heinous it is, one cannot impose such punishment on it-because it is a manifestation of safeguarding human rights and civilization. However, compared with the death penalty, what is such a penalty? Would a person rather be amputated or die? Although the cruelty of the death penalty is obvious, I am still surprised to see that many American articles condemning the death penalty are written in Chinese. The United States has only sentenced this death penalty for more than 40 years (referring to the execution of McVeigh). Since World War II, the United States has only sentenced more than 4,000 people and executed 700 people-not up to the level of China's crackdown. The number of death sentences in China is really rare in the world, which shows that our nation has extreme disrespect for people's right to life.

What is the function of criminal law? One: deterrence of criminal motives. Second, educate criminals to prevent the continuation of criminal acts. These two functions are to maintain social stability and people's happiness. The death penalty obviously does not have the problem of educating prisoners. But he does have a great deterrent to crime, which is undeniable. But we can't just see his positive side. His harm has at least the following two points:

One: It goes without saying that it violates the basic human right-the right to life.

Second, it has brought a vicious influence of ignoring human life. Severe punishment is a tradition in China, and punishing people with punishment has always been the concept of China people. This is a one-sided view. Although blood can make others fear, it can also bring indifference to life and even fanaticism about extravagant blood. There are so many legal killings that various newspapers, magazines, television, radio and trial meetings have reported the death penalty. At the same time, it also sends a message: human life is insignificant. Isn't it a big deal to deprive it? Kant said: All revolutions replace one prejudice with another. Similarly, we can say: all killings are to replace one sin with another. In the history of China, the punishment for rebellion was not heavy, but did it reduce the occurrence of court coups? Fighting violence with violence and stopping killing with killing is only the result of a simple thinking, and it is also the sorrow that the history of China has lasted for thousands of years. Because there are too many killings, there is shameful people's servility; Because there are too many killings, there is disregard for the lives of all people, including themselves-since even life is indifferent, let alone other human rights; Because of killing too many people, people's enthusiasm for blood is aroused. Killing, revenge, revenge again, revenge again ... From ancient times to the present, from the folk to the imperial dynasty, the whole nation is shrouded in a state of madness. This is a vicious circle!

Today, if we want to be civilized, we must learn to be tolerant.

I don't advocate the abolition of the death penalty in China because of tradition. As Hegel said, the legal system is the embodiment of the national spirit. Complete transformation is impossible, even if you don't know whether your transformation is completely correct. But one thing is certain: people's basic rights should be respected. In this regard, there are too many death sentences in China, so we must gradually narrow its scope and improve its execution methods (for example, injecting instead of firing squad).