Scholars Say That The Amendment Of Criminal Law Should Respect Public Opinion &Nbsp, And Oppose Abolishing The Death Penalty Of Corrupt Officials Immediately.

It was recently submitted to the Standing Committee of the National People's Congress for preliminary examination. Amendment to the criminal law (eight) draft, because of the wide range of issues involving the death penalty and other sensitive issues, the parties are more controversial and have not been submitted to the conference for voting. The Standing Committee of the National People's Congress decided to publish the contents of the "draft" and "explanation" of the law, and openly consulted all sectors of the society, and widely listened to the suggestions of the legal profession and the judiciary. This is prudent in criminal legislation. democratic The public expression is commendable.

In fact, as long as the NPC Standing Committee deliberated on the draft and revealed all the important amendments to the contents of the criminal law, people were concerned about some important issues of the NPC's legislation itself besides paying attention to the revision of the content itself.

Since the comprehensive revision of China's criminal code in 1997, a supplementary provision and seven amendments have been issued one after another, and the rhythm is frequent. But in the past, a series of supplements and amendments, without exception, are partial adjustments to some specific crimes and penalties in the criminal law sub rules, which hardly involve the contents of the general provisions of the criminal law. Because the general provisions of criminal law are mostly related to the overall situation of conviction and sentencing, we need to maintain proper stability. Therefore, when the general principles regulate the basic principles, systems and systems of the criminal law, it will involve some major problems of "totality". We need to be cautious and cautious. Perhaps we should ask the NPC to conduct more in-depth and detailed discussions.

Therefore, when the legislature discusses and revisions the criminal law, it has already shown a great difference with people's habitual psychological expectations. Although the "draft" also has the supplement and modification to the specific criminal and punishment contents of the specific provisions, it mainly involves the contents and some of the penalties in the general provisions of the criminal law. Death sentence The abolition of the problem is of great significance and of overall significance.

The 13 "deadly crimes" that the NPC Standing Committee submitted for deliberation accounted for 1/5 of the total amount of the death penalty set up in the current criminal law in China. Its reform is very big and involves a wide range. At the same time, it involves extending the contents of several general provisions, such as prolonging the maximum number of sentences for punishment for multiple offenders, limiting the object of application of death penalty, implementing the contents of the execution of the punishment, reducing the sentence of death sentence, execution of probation, reducing punishment, recidivism and confession. According to statistics, the length of the draft is more than sixty five hundred words. Therefore, it may be far beyond the concept of "partial" and "partial" modification of the general concept.

In addition, the draft "draft" is relatively confidential, and the information released to the society is very few. Many people and even many professionals feel that there is something unexpected and sudden and lack of psychological preparation. Before that, people do not seem to have heard more justifications for legislative need and modification. Therefore, it is not yet mature to submit the meeting to vote in a hurry to amend the existing criminal law. Therefore, the meeting of the Standing Committee of the National People's Congress decided that it would be advisable to spend more time and discuss in a larger scope.

The revision of the general provisions of criminal law is directly related to the changes and stereotypes of China's basic criminal policy and the adjustment of the basic principles of conviction and sentencing, and the change of penalty system. The abolition of the "mass" of the death penalty is a great event. It takes more time to study it comprehensively and cautiously. It should be discussed extensively and fully, and not only within the "small scope" of professionals. Therefore, when the draft is introduced into the legislative process, it will become a very normal matter for the NPC Standing Committee and the society to arouse heated debate and even the right time. Of course, the conference finally decided to open this draft to the whole people and listen to the opinions of the masses. This is a sensible move. This is in line with the ideas and requirements of open door legislation and democratic legislation.

It should be noted that the death penalty reduction is a trend, but it can not be carried out step by step. It should be carried out step by step in rhythm, and it should take full account of the general feelings and reactions of the masses. For example, crimes such as corruption and bribery, although they do not directly damage the personal interests of others, the recidivism rate is also close to zero, but not immediately abolish the death penalty. It seems that this is not only a legal technical aspect. The public repugnant to the corruption of public officials and the public are deeply repugnant. At present, it is still common and frequent. The state also expresses its firm anti-corruption stance in strict punishment according to the idea of strict administration. We should not consider abolishing the death penalty immediately. For crimes that still retain the death penalty, we need to make adjustments through legislative amendments, strictly limit their applicable conditions, circumstances and establish high standards of evidence standards, so as to pave the way for the next step in the abolition of death penalty in legislation.

The revision of the general provisions of criminal law and the adjustment of capital punishment are related to the "overall situation" of the future development of criminal policy and legal thought. We need to follow the scientific legislation and the broader democratic legislation of the people. We should find a legislative fulcrum that is truly in line with the interests of the majority through open, extensive, full discussion, reasoning and procedural debate between legal rationality and public sentiment, the trend of rule of law and social public opinion.