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Shi Yan-an: The Death Penalty, The Constitution and The Theory of State

Abstract: Currently, there are three main theoretical approaches to the abolition of the death penalty: the theory of inconsistence of the death penalty with the civilization, the theory of inconsistence of the death penalty with human rights, and the theory of inconsistence of the death penalty with the constitution. These approaches, although have provided useful arguments, are not convincing. This article provides a new approach to the abolition of the death penalty from the perspectives of the natures of the state, the social system and the state function and holds that the death penalty is inconsistent with the nature and function of the state, which is determined by the Chinese Constitution and mainstream political theories, and with the basic requirements of state and social construction in China at the current stage of development. This new approach is compatible with the basic idea of ¡°free development of every individual¡± and conducive to clarifying the relationship between the citizen and the state in a socialist country that implements the system of people¡¯s democratic dictatorship.

Keywords: Death Penalty; Human Rights; the natures of the state, the Social System the State Function; the Theory of Inconsistence of the Death Penalty with the Constitution


£¨Editor: Liu Xiaoling)

 
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