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Old 05-04-2011, 11:01 PM   #1
tdds48ya227
 
Posts: n/a
Default fingers five Law experts abolishing the death pena

new song a long time:

legislation to reduce the death penalty, the judicial practice to reduce the death penalty applies, which is a global trend. It is understood that the world is now completely abolished the death penalty more than 90 countries, abolition of the death penalty countries ordinary crimes 8. While retaining the death penalty, but more than 10 years has not executed a death sentence more than 40 countries. In fact, the day before yesterday morning at the Criminal Law Amendment (h) At the meeting the draft group deliberations, most members said that the words are: reducing crime and sentenced to death kind is necessary.
Hongdao De:
75 years of age no longer apply the death penalty, for this draft related to the terms of the parties to exchange ideas together for a time, between the public caused by the heat proposal.

inevitably, there was not one to say, I think I fear that this fact is not so deep. But you say will form a major crime wave is not likely. When we do not like the death penalty on pregnant women, also have also had people say, that many women will go to take the risk of crime is not? But the fact is not.


I think it should be a more patient and to society, a more detailed explanation. Take for example the terms of the 13 charges, some social workers may be concerned, he felt that you are abolishing the death penalty anyway, as to abolish the death penalty for crimes which he may not particularly to care. But we must emphasize that we cancel the death penalty, the penal system in which we have not abolished the death penalty, we are still left more than 50 charges in the death penalty. We cancel the 13 is indeed the social impact with our current small. In particular, note that our concept of human rights is now becoming popular, we all feel that everyone should have human rights, to live in dignity and right to life is the core of human rights, first of all should reflect respect for life, and of these 13 crimes We can see that, in order that property interests, in order that economic interests, let criminals pay with their lives, we feel that in any case can not talk about respect for life.
Moderator:
subtitles Tip:
because these charges were either in real life rarely apply the death penalty, some crimes the death penalty does not apply it for many years.
75-year-old from death, how do you see this problem?


Moderator:
Moderator:


It is understood that the offense was born in 1983, was based on some of the old rogue, habitual instigator frantically to teach methods of crime, abetting juvenile crime on society great harm to the grim situation. Criminal Law from 1997, China's case because the offense has not been sentenced to death sentence. So for this type of crime the death penalty has long been rarely applied, the public generally agreed to cancel.
three observations argue:

least controversial: the crime to teach methods of crime.

guess we have more than two months, estimated that the law should be the fastest the fastest to come into effect by the end of this year, I think that fast, then it should be the end of this year, October is passed, in December began ... ...
not used, is not to be abolished?
(Play video)




Hong Daode (China University of Political Science Professor):


You explained to us then we are very concerned about this issue is to have the draft becomes law there will be how long?

subtraction is:

financial instrument fraud, as such, we have the death penalty in the past, such as financial ######## bank certificates of deposit, and for now is unnecessary. Said economic crimes such as this, it is getting lower and lower incidence of unnecessary use of the death penalty also keep things under control. So a global scale, countries retain the death penalty mainly in the murder, a killing.

and for such leniency in the end they fit? At 25, the 16th NPC Standing Committee meeting, the Standing Committee members are also on this clause was serious and intense discussion.
(telephone interview)


still controversial: theft.



Professor Hung, had an interesting phenomenon is that this time the abolition of capital punishment of 13 charges, experts, people in the industry generally supported, but the public is non-professionals, taking a general opposition. See how such professionals and non-professionals on the contrast of the death penalty to cancel this?
75 years of age is not the threshold of life and death?
new song a long time:
addition to the reduction we have just mentioned the 13 death penalty charges, the further implementation of the draft a minor under 18 years of age is full of crime and elderly people 75 years of age crime leniency. For example, on the full 75 years of age do not apply the death penalty.







Explanation:
addition is:
months?

Hongdao De:

(8 月 24 日)
it was proposed to abolish the 13 death penalty are: the crime of smuggling cultural relics; crime of smuggling of precious metals; smuggling rare animals, rare animal products crimes; smuggling of items of general cargo crime ; bill fraud; financial instrument fraud; crime of tax deductible; forged VAT invoice for sale of counterfeit crime; theft; teach methods of crime crime; excavation sites of ancient culture, ancient tombs crime; excavation of ancient human fossils vertebrate fossils of ancient crime.




If you committed a capital offense, not 10,000 years old is free of dead ground.
two months.



Moderator:

Yes, because we have the death penalty to resolve destructive to society of such great criminals, the people causing the greatest harm on the consequences of criminal elements, such criminals how we apply the process in future, if they are lenient to minimize the application of the death penalty how to do? We have to come up with a similar transformation with the death penalty has the effect of such a criminal law to add up, people, society can slowly come to accept.
Wang Yunkun (NPC Standing Committee member):

timely Lee (Director of Legislative Affairs Commission of NPC Standing Committee):
(




according to media reports, there is an online Chinese courts sentenced to death for theft was a typical case. The case occurred in 1998, Yangzhou, the two brothers surnamed Hao unauthorized use of a computer remote control transmitter device penetrated banking computer systems, stealing a library deposits, share of proceeds of 1.25 million, respectively, and 13.5 million. A later sentenced to death, a Pipanwuqi. This is also the date of theft can be found in the rare case of the death penalty. For such a criminal, a lawyer point of view: using less, does not mean it should be repealed.
Moderator:
internationally as the standard normal is 70 years old, people over the age of 70 death penalty in principle.
Moderator:
fact you said one is in 13 counts of this issue, it is the death penalty to be free, but in the punishment of Health on this issue, it is to the weight to go in that direction.




just the first half, when we care about is 13 to cancel the charges put to death. Professor Qu just say this, he said, actually increased the punishment for a crime, what is your opinion on this issue?

Hongdao De:


Explanation:

Hongdao De:
I think so. Because we are a good tradition of Chinese Ye Hao, or cultural Ye Hao, is care for the young. We love this part of the child inside has been done in the Penal Code, 18-year-old minors from the death penalty, respect for the old, after all, the part we have not reflected. Now we compare the concept of human rights deeply rooted, and I think I can deal with the elderly is reflected in this part in them to further reflect our concept of human rights - from death. Must be noted, however, refuses to free equal impunity, does not mean replacing heavy penalties. If people over the age of 75 have committed extremely serious crimes, we would have sentenced him to death other than the heavy sentences, such as life imprisonment, he was 75 years of age, and then re-sentenced to life imprisonment, and then of life imprisonment also proposed more stringent conditions require the implementation phase, then basically said he was in prison to die of old age. He can play the same kind of precautions, such a transformation of the purpose and effect.
Hongdao De:

point of view from the charge is more than canceled, but it applies to rate this perspective, the proportion is small.
Xu Xianming (NPC Standing Committee member):

Explanation:

Explanation:
8 23 morning, presented to the first 16th NPC Standing Committee meeting to consider the draft amendments to the Criminal Code made an addition and a subtraction. The public see is a criminal in the history of the concept of being a progressive.
another, we must note that we do not cancel the 13 charges. But merely to cancel ... ...



seventy-five years of age do not apply the death penalty criminals?


Yicheng (NPC Standing Committee)
Moderator:

(telephone interview)

should be said that an increase in crime is unlikely. Because we know that the death penalty is used to solve the most serious crime a punishment, the proportion of the most serious crime which will increase in a certain time? I think this may have some rebound, but the crime rate is not related to the death penalty, because the death penalty is not to solve all crimes, it is among the most serious crime to solve this part. We are now data to say, the case of the death penalty in the criminal case which, after all, the proportion of it is still a small part, so the abolition of the death penalty on the rise in the crime rate has little effect.
Hongdao De:
Moderator:


dare to do this only addition, subtraction and willing to do the meeting, held after the boom attracted attention of the media, the public more attention to this channel subtraction. One reason the issue has always been related to the death penalty debate will lead to people; secondly because it will be the new China in 1979, the enactment of the Criminal Code, the first reduction of the death penalty offenses.

how to say these words?


new song long (China University of Political Science Professor):
Moderator:
not directed against individuals.
ordinary theft is not very serious, but does not rule out that some thefts have serious consequences. Then the amount of particularly large, or personal safety of other persons caused the death this very serious consequences for his crimes, then this should be a very harsh punishment. If you retain the death penalty, then, to have a good effect.

over 75 years of age do not apply the death penalty, I do not understand why not apply the death penalty 75 years out?
(Play video)





News Moderator:
subtitles Tip:
two months.


Hongdao De:

we say that the law still have to resolve the current problem, if it distant from the reality of the law, we naturally give it out to them from society, until will give it the time necessary to get in..



us the cancellation of the 13 charges with the stability of society is actually a relatively indirect relationship is not very direct, we are all kind of crime and the economy not a natural person, as his victim of a crime. The 13 crimes we have just seen, it is reported that you can see from the law speaking, basically some economic order, and some management order. Although the individual to the property as a violation of the object, but this is not a sense of property owned personal property.
Explanation:



crimes, intensify the crackdown.

sin because it was established 13 years, the current statistics come (to see), some crimes simply has not had a crime sentenced to death for.
(telephone interview)
Moderator:
Moderator:
the more severe the punishment is not better, in terms of long-term and from this social reality, the criminal law should is a strong, moderate, reasonable and give him a criminal punishment of such a system. Can in this society in the form of a rational, peaceful way of atmosphere.
Hongdao De:
Moderator:
strengthen the protection of people's livelihood and increase the number of new criminal provisions, increase the punishment. Some serious social harm, the people reacted strongly to the original by the administrative means, or means of adjustment of civil violations, proposed that as a crime. Mainly: drunk driving, drag racing and other dangerous driving offenses; crime does not pay labor remuneration; illegal trade in human organs crime.






Moderator:

Hongdao De:

I think everyone in this issue there is some misunderstanding, the total abolition of the death penalty that the crime does not exist, will lead some people to commit this sin boldly . We do not forget,mbt baridi shoes, the sins we just remove the death penalty, no period, term and other penalties, we keep the others, I believe we will also increase the chances of Health punishment, this is the kind of non-capital punishment. From this perspective, that we will be able to replace capital punishment with a penalty for the other to strengthen the control of and fight against such crimes.


actually increase the criminal law this time, why so I say that? Like a reprieve, reprieve before it can be commuted to life imprisonment, or reduced to imprisonment. Looking back probably, he is actually the implementation of criminal law, if the shortest about 15 years minimum to be out. 14-15 years,ed hardy sunglasses, then he came out, it may be a bit too fast. So here the first terms of the system to the sentence as reprieve to do a lot of restrictions. In principle, it will be reduced either to less than 20 years, this is quite heavy, that he was suddenly increased by about 4,5 years look.
but not of the legal profession are worried that these public because it is after all the death penalty capital punishment, capital punishment gives people a strong psychological deterrent effect, if these deter force to remove it,asics gel 1130 省市楼市调控接收考察 稳固房价不力将被追责, will make the rise in crime.
In addition, for smuggling rare animals, rare animal products crimes, although some experts believe that in order to protect the lives of animals, animal products or even to deprive human life, can not be justified. But there point of view, criminals very low cost access to high profits, the current sentence is not heavy,shoes mbt 8.5折后屋子总价更高 恒大地产“假降暗升”, the cost of crime is very low. When a similar crime is still in the wild state, abolish the death penalty should be further consideration.
75 years of age or older committed a felony if the death penalty or not? This week the Criminal Code (h) of the draft amendment to the answer is - from death. In addition, the draft amendment also abolished the 13 economies of the non-violent crimes the death penalty. Why do you want to cancel, should not be abolished? Today our program to focus on this topic.

Obviously, this is not just only the width of amending the law strictly. In fact, in some experts, some of the measures taken to make the law more stringent.
Hongdao De:

example, treasury, financial institutions, as well as a very expensive precious relics, are basically not directed against individuals.

Hongdao De:
do not have to
Explanation:
Hongdao De:
subtitles Tip:
Moderator:



Hongdao De:
experts and scholars in the field, for this time of the death penalty, the same can be said to applause subtraction, and even the media suggested that the pace of executions can be further than that. But for the reduction of legal deterrence concerns also exist.

we just talked about, the public for the abolition of the death penalty for 13 offenses have some doubt, the doubt of the issue is where? We continue to look down.
about how long?

of older persons over 75 years, this reflects a policy of combining punishment with leniency.
Explanation:


Explanation:


Moderator:

in Hong Kong and Macao many places triads, drug trafficking place, their Cipai people are more than 75 years old, or may be a number of The older people do this kind of thing, no possessions, and no such people do Cipai people. There is a problem, the real people he can get out, such people continue to do anyway, he also lacks something, he immediately came out and suspended. Therefore,fingers five, the general experience is that we have to absorb.

new song a long time:
have such a view, that we are now in a transition society, if we abolish the death penalty so many counts, then, is not conducive to social stability,wholesale wedding dresses 人口普查员遭受困难:“门, how do you see this problem?


I am more agree with his statement, because we amend the law and a part of this we should be concerned about, that is, the system changes the case of reprieve. Under the current law, a crime was sentenced to death with reprieve, that means he should take a two-year test period of transformation, as long as two years Kaoyan no intentional crime during the period, they should sentence against him. Down to how much? Reduced to life imprisonment under normal circumstances, if there is great merit of the case, can be reduced more than 15 years, 20 years imprisonment. This time, amending the law is intended that this more than 15 years to get this provision can only be reduced to 20 years, that is, you have a great merit, only reduced to 20 years. This is a part. There Beipansihuan which two such criminals inside the criminals, one is a recidivist, a repeat in the body, there is a serious danger to society of criminals, the two parts were commuted to life imprisonment or imprisonment for 20 years after the sentence was no longer carried out.
75-year-old from death: caring for the elderly seems, in fact, harm them.




under participated in the Criminal Law Amendment (h) to discuss the draft of the experts say, in fact, for other charges have also been discussed, but in the end taking into account practical factors, such as rising crime rates,fivefinger vibram, social acceptance, etc., did not write the final draft, so the 13 charges put to death in the public eye.
13 economies of the abolition of non-violent crimes the death penalty offenses, accounting for 19.1% of the total number of capital crimes. Such a news bound to public attention generated by intense and lasting. It comes from the Criminal Law Amendment (viii) draft.

Luo Yu (Lawyer):

Explanation:





Hongdao De:


abolished the draft in recent years, the basic application or not less than 13 for non-violent economic crime, death, and intended to provide for full 75 years of age no longer apply the death penalty.
Moderator:
Hongdao De:

Explanation:
general, even after the adoption of the draft to a vote on the implementation of preparation time.
studio today we have specially invited professor of China University of Politics Hong Daode. Professor Hung, first of all we look at the death penalty in China, a total of 68 charges, this time about the abolition of the 13, nearly 20%, why are there so many at once?
Speaking of which, we are concerned about the death penalty, the abolition of the death penalty of 13 charges. Deterrence of the death penalty be? This thing is to let people have so much attention?

there is always next time, the only consideration, the Standing Committee in accordance with the provisions of the legislation law once in two months, we should say the next Congress fastest Standing too much if we no opinion, may be adopted by vote.
some people will question this occurs, people over the age of 75 will be used to commit a crime?
Obviously, the general public and legal experts in the gap of understanding the death penalty. This is the eighth revision of the Criminal Law,bikkembergs shoes, The 46 were modified, and modified the first six a total of only 48. Or modify the terms of the number of content changes in the process of China's legal system has significance in the meaning. As one expert pointed out that amending the law itself is a Franco-Prussian process. Modify the Penal Code provides just such an opportunity.


Moderator:








subtitles Tip:
Explanation:

Hong Hu (vice chairman of the NPC Law Committee):
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