
Contents
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I. Introduction I. Introduction
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II. Background of Death Penalty Reform in China II. Background of Death Penalty Reform in China
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A. Social Context A. Social Context
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B. Legal Context B. Legal Context
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C. International Context C. International Context
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III. Recent Development on the Reform of the Death Penalty System in China III. Recent Development on the Reform of the Death Penalty System in China
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A. Progress on the Reform of the Death Penalty System in China A. Progress on the Reform of the Death Penalty System in China
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1. Legislative Reform of the Death Penalty System in China 1. Legislative Reform of the Death Penalty System in China
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2. Judicial Reform of the Death Penalty System in China 2. Judicial Reform of the Death Penalty System in China
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B. Comments on the Recent Development of the Reform of the Death Penalty System in China B. Comments on the Recent Development of the Reform of the Death Penalty System in China
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1. China Has Made Remarkable Achievements within a Short Period of Time in the Process of Reforming Its Death Penalty System 1. China Has Made Remarkable Achievements within a Short Period of Time in the Process of Reforming Its Death Penalty System
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2. China Should Continue to Place Equal Emphasis on Both Legislative and Judicial Reforms 2. China Should Continue to Place Equal Emphasis on Both Legislative and Judicial Reforms
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3. China Should Promote Change of Public Attitudes Concurrently with System Reform 3. China Should Promote Change of Public Attitudes Concurrently with System Reform
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IV. Trends in Reform of the Death Penalty System in China IV. Trends in Reform of the Death Penalty System in China
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A. General Trends A. General Trends
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B. Specific Strategies B. Specific Strategies
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1. Continuous Restriction of the Criminal Defendants Eligible for the Death Penalty 1. Continuous Restriction of the Criminal Defendants Eligible for the Death Penalty
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2. Gradual Reduction of Capital Offences 2. Gradual Reduction of Capital Offences
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3. The Role of Long-Term Imprisonment Penalties as Alternatives to the Death Penalty 3. The Role of Long-Term Imprisonment Penalties as Alternatives to the Death Penalty
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V. Conclusion V. Conclusion
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8 Progress and Trend of the Reform of the Death Penalty in China
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Published:January 2018
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Abstract
Death penalty reform is one of the most realistic major questions in the field of criminal law or even in the construction of rule of law in China. Basing itself on contemporary social, legal, and international contexts, Chinese death penalty reform pays equal attention to legislative reform and judicial reform, and stresses positive interactions between the change of public attitude and that of the legal system. Consequently, it has progressed quickly and made noticeable achievements. The overall developing trend of death penalty reform in China is to strictly limit and gradually reduce the use of the death penalty, with a view to finally abolishing the ultimate punishment. To achieve this goal, China should continue to impose strict restrictions on the scope of criminals eligible for the death penalty and reduce capital crimes, and use long-term imprisonments as an alternative to the ultimate punishment more actively than before.
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