The blogger comments:
   A hitherto unknown of the criminal law amendment imminent, a new concept of criminal law There was no parallel in history. stand vividly revealed on the paper. Is less killing or off? Is he still respect? A "eight sentences" law will bring us more thinking and dispute, therefore, a more realistic problem in front of us: by the end of this year, "eight sentences" can be introduced?
   Please consult the experts opinions.

 

The criminal law amendment eighth

The eighth amendment, was a correction legislation thoughts full of historical stage characteristics of the past

　In August 28th, the sixteenth meeting of the NPC Standing Committee the trial of the criminal law amendment (draft eight) (hereinafter referred to as the "amendment"), and finally "available".
"The specific charges in addition to correction, amendment to criminal law in general, including the adjustment, the death penalty types is reduced and the extent of punishment appropriate adjustment", in the amendment of Criminal Law Seminar China Law Criminal Law Research Association honorary president of Gao Mingxuan view, the revised "action is not small".

Reporter Yan Youliang from Shanghai

The criminal law amendment draft article 46, the death penalty in addition to cancel the crime of smuggling cultural relics, the crime of theft, crime of Imparting Criminal Methods 13 crimes, but also prolongs the life of criminal sentence and adjustment of the special commutation system. In addition, the amendment also concern in drunk driving, wages, "black", safety accidents and other issues to respond, added the crime of dangerous driving, workers owed wages crime new charges, and to the underworld to a standardized definition and modify the illegal mining crime.
"The amendment of criminal law must be a lot of academic consensus, show that the reform of criminal law Chinese slowly to the reasonable direction." Peking University Professor He Wei direction times weekly said, in the criminal law reform into "deep water area" moment, the amendment first affirmed.

The reduction of the death penalty

In August 23rd, the director of the National People's Congress Standing Committee, Li Shishi pointed out: "this amendment to abolish death penalty charges accounted for 13, 19.1% of the total number of the death penalty."
Once for a long time in the work's serving, associate professor of Hainan University law school Wang Lin analysis of the abolition of death penalty charges to times weekly: for a long time little crime applicable to death penalty, such as the crime of imparting criminal methods; the two is to consider not the crime applicable to death penalty from the social harmfulness and other factors, mainly for economic crime; three can be solved by legislation technology adjustment of crime, such as trafficking in women and children, the crime.
"There is no doubt, to reduce the death penalty is the biggest highlight of the amendment. It is not only in conformity with the death penalty for control of international trend, but also conducive to better protect human rights, promote the rule of law in China's progress, guide the social life of the respect of rights." Wang Lin said.
Because it involves more China crime, penalty has always been criticized. After the 1997 "criminal law" be revised, Chinese crimes punishable by up to 68, including non violent crimes such as the crime of corruption, bribery, smuggling of cultural relics and other economic crimes.
"The smuggling of cultural relics, precious metals, rare animal in the death penalty, equivalent to that of human life as the giant panda and dinosaur fossils." Once the excessive criminal case, Beijing Heng law firm lawyers Chen Youxi said a lot of times weekly, setting up death penalty charge is not in accordance with the law. The criminal law.
To reduce the death penalty in criminal law, and international pressure to consider. It is understood, in 1998 China has signed the "International Covenant on Civil and political rights", including strict limit and reduce death penalty to apply to the Convention, and only for the most serious crimes.
In fact, this amendment was first imposed on the death penalty "subtraction" is also in line with the central spirit of criminal law in recent years about the policy adjustment. In 2006 October, in "on major issues regarding the building of a harmonious socialist society" of the CPC Central Committee decision in the sixteen session of the six plenary session of the Central Committee put forward clearly "the implementation of 'leniency' criminal justice policy", requirements on the death penalty "to retain the death penalty, death penalty, adhere to the less kill, kill carefully, to prevent wrong to kill". Therefore, in 2007 the Supreme Court to recover the right to review death penalty. In 2010 May, the Supreme Court and Department of the Supreme People's Procuratorate jointly promulgated the "such as on handling death penalty cases reviewed to determine the rules of evidence problems", it also aims to "less killing, killing cautiously".
"75 years old of above do not apply the death penalty, delete some criminal economy from the death list, these shows respect for the right to life of the criminal law, the death penalty system that China come to a crossroads." Tian Wenchang, director of professional committee of ACLA criminal that their attitude to times weekly.

Increased student punishment

The single penalty, China is typical "the difference between life and death". One is the legislation on death penalty charge too much, a lot of justice crime were sentenced to capital punishment; on the other hand, is a lot of sentenced to death or life imprisonment sentence too short of actual.
According to a survey by Professor Chen Xingliang of the Peking University School of law, in China reprieve is equivalent to the following sentence of 14 years, 24 years, the average execution for 18 years; the life imprisonment is the equivalent of the prison for more than 12 years, 22 years, average 15 years.
"At present, are to be sentenced to up to 15 years, for the long term is 20 years, here's life imprisonment and reprieve. This means that from life imprisonment can suddenly reduced to 20 years or even shorter sentences." Chen Youxi times weekly to said, death penalty and life imprisonment, a relationship between the structure of prison is unreasonable imbalances. "The actual term is too short, causing social and judicial organs in dependence on the death penalty, which disguised brought extrusion on the death penalty. In practice, there are a lot of judicial organs and afraid of offending some could have been sentenced to death with reprieve criminals were executed."
In order to change "the death penalty is overweight, situation of students' punishment too light", the amendment made major adjustments in two aspects: one is to cancel part of the death penalty charges at the same time, the maximum sentence is longer, and the highest total sentence of serious violent crime after from 20 years to 25 years; two the amendment will be a strict application of commutation and parole system, clearly defined the not applicable to serious crimes to death and death to limit application of commutation or parole, and death sentence with a reprieve, life imprisonment to fixed-term imprisonment is not less than 20 years after.
Have to admit, the academic circle and judicial circle for 25 years the longest sentence is reasonable has a lot of controversy. But the single adjustment penalty structure, they hold a positive attitude. Professor He Weifang points out, "the amendment to prevent malignant penalty structure behavior worthy of praise, a good start".

In response to the people's livelihood

In the adjustment of the death penalty, the penalty system, the amendment would increase, modify some specific charges.
Draft statement explains to increase, modify some of the specific charges and reason. Mainly has the following several types: one is for some serious harm to the society, the people reacted strongly, the original by the illegal administrative or civil means adjustment, recommendations are provided for crime. Is drunk driving, drag racing and other dangerous driving crime, not to pay the labor remuneration of the crime, the crime of illegal trade in human organs. The two is to increase the protection of vulnerable groups and some of the criminal punishment, modify the crime of forced labor, forced labor for provisions of individuals or units to recruit, transport personnel behavior as the crime, the legal maximum prison sentence from three years in prison for up to seven years; clear recruitment, transport personnel for the organization prostitution people, according to assist the organization prostitution crime shall be prosecuted for criminal responsibility. Three is to strengthen the criminal law of the people s health protection, proposed to amend the production, selling counterfeit drugs crime and the crime of major environmental pollution accident, lowering the threshold for conviction, enhance operability.
In addition to the above three categories, characteristics of amendment will also "Underworld Organization" explicitly written into the draft, adjustment and crime of blackmail and impose exactions on threshold for conviction, perfect regulations forced transaction crime, crime, strengthen the crackdown on organized crimes of the underworld society crime line.
"'Drunk', 'racing' and 'on' into the punishment which apparently in response to the livelihood of the people, but I have to say that there is a big controversy this approach." Professor He Weifang told times weekly noted, "with the form of criminal law in response to public opinion, or 'behind the severe penalty doctrine' ideological work, really solve the results may not be beneficial to people's livelihood."
Compared to the "drunk driving into the punishment", "wage" into sin causes more disputes. The NPC Law Committee, Law School of Tsinghua University professor Zhou Guangquan pointed out on the phenomenon is more prominent in some places, this provision is intended to protect the vulnerable groups. But in many lawyers and scholars, this provision is only want to use "legal ious" solve "wage IOU", and not to solve migrant workers "wages" problem.
Wang Lin combined with the provisions of the draft "malicious" two acts, one is "the ability to pay and no pay"; the two is the "ability to pay and to avoid paying" illustrated. In his view, "wages" has two possible. One is the management to recognize, but is not the payment; a capital not to recognize, not pay so. He pointed out that, the former did not have to increase the "malicious wage sin," direct "fraud" on the line, and the latter scenario, that is both sides of labour disputes. It is time to labor dispute arbitration committee or a ruling or decision of the court, if employers still don't pay, "refusing to implement the judgment, ruling" the crime of criminal law, fully capable of mandatory management executive.

The punishment to the future

According to relevant sources, the draft amendment was originally scheduled for October the first examination. The reason for early August 23rd, because the goal of legislative work in the new period of CPC put forward in this paper, the formation of China required characteristics of a socialist legal system in this year, the amendment of criminal law is an important part of the. If the amendment in accordance with the previously planned for October examination, this year is hard to review by the review, early in August, is expected in October will be the end of the second, is expected to review the.
The new China first criminal law was enacted in 1979, 1997 in order to change because of the "strike hard" lead to criminal code scattered disorderly situation, to the "criminal law" had to be revised, and then the seven amendment. Modifying a number of former seven times were 8, 1, 8, 8, 3, 20, 14.
In addition to more than seven times before, this time also more deeply. Before seven time is mainly involved in the correction of specific charges, this time as the draft summary description of that, not only requires adjusting the penalty structure, perfect the legal provisions to punish underworld nature organization crime, perfect the applicable rules of non custodial penalty, also called for the strengthening of the people's livelihood Protection, add some new crimes.
In the opinion of experts and scholars, the amendments also reflects the academic and judicial circles in the aspect of death penalty system and the reasonable and scientific system of criminal law a lot of consensus, points out the direction of reform Chinese criminal law. "The amendment passed some of the signal, such as regression, basic value of criminal law value change rule of law tradition. In fact, the death penalty, penalty reduction amplitude adjusted, fully shows that the reform China criminal law no longer limited to specific details, start the system, into the 'deep'." He stressed to times weekly.
As for the reform of criminal law China next step, he says, is the first "subtraction" of the death penalty, eventually reduced to only involve a small number of serious violent crime.
"The second is to contain the 'Doctrine' situation, the government has the responsibility to let people feel the humanitarian presence." To illustrate this problem better, he also cited an example, once he and a British scholar chat, speaking of a Chinese because of burglary and was sentenced to 7 years in prison, the latter was terrified. "".
"Once again, is to the criminal law and the criminal procedure law combined, realize judicial fair and transparent." Professor He Weifang also to realize these goals is not Everything is going smoothly. "On the one hand is the idea, government departments and judicial organs' in the mind of severe penalty doctrine 'ideas are difficult to reverse; on the other hand, in practice,' strike ',' Black ',' anti 'campaign style law enforcement has seriously affected the judicial practice."

(lindsay:Http://www.time-weekly.com/show.php? Contentid-9067.html)

 

 

 

      The amendment of criminal law should adhere to the democratic, scientific and normative principle

          Shanghai "-- review of our current criminal law perfect seminar"

 

   Perfect the judicial research center of East China University of politics and law, Shanghai newspaper and Shanghai Heng construction firm jointly organized the "September 7, 2010 China's current criminal law" seminar held in East China University of politics and law. "Democracy and the rule of law" magazine deputy editor in chief Liu Guiming attended the meeting and delivered a speech, Professor You Wei director of the research center of East China University of politics and law made a concluding statement. Delegates from Shanghai universities, law, court, procuratorate, law firms, media experts, scholars and graduate students of Law School of more than 50 people. On the meeting, the experts, scholars around the "criminal law amendment (eight)" (hereinafter referred to as "the draft revision of the draft") scale, authority, legislative technology, crime and non crime, penalty and punishment, and the criminal policy of combining punishment with leniency legislation to speak freely, put forward many high perspicacity, with a view to the "criminal law amendment (eight)" the draft amendment, perfection. The main idea is summarized as follows:

     

The size and modify permissions, a criminal law amendment

  The experts agreed that the "draft" regulations, which relates to the general provisions of the criminal code provisions, and relates to the criminal law; structure adjustment, implementation principle not only relates to the penalty, but also relates to the individual charges, to adjust the specific provisions, modified significantly, far beyond the previous amendment to the criminal law the case and the supplementary provisions. For the criminal law so large-scale adjustment, revision subject to the Standing Committee of the National People's Congress is reasonable and legal? Worth thinking about. From the provisions of the Constitution and the legislation law, the National People's Congress enacts and amends criminal, civil, the state organs and other basic laws, when the National People's Congress is, the National People's Congress Standing Committee of the National People's Congress may be formulated law partial supplements and amendments, but not with the basic principles of the law the conflict. Accordingly, modify the permissions of the Standing Committee of the NPC should be far less than the National People's Congress, only minor repairs. The amendment of the criminal law relates to forty terms, the number of the abolition of the death penalty for nearly 1/5, the basic system has also been modified, such as the maximum sentence, sentence probation conditions, not subject to death. Modify the amplitude and intensity of the large, clear beyond minor repairs category. At the same time, although the Constitution and legislation law is "not inconsistent with the basic principles for" the power to amend the constraint, but the criminal law itself does not provide what is the basic principle of criminal law, at present the general three principle is only scholars concluded. The principle of criminal law lacks statutory authority, the power to amend the NPC Standing Committee's binding is one can imagine. Therefore, if the revised criminal law only by the decision of the Standing Committee, if things go on like this, can lead to infinite expansion of NPC Standing Committee power, then the people for the people's Congress Standing Committee of National People's Congress overhead concerns, also not in reason. Expert proposal, this make snap revision of criminal law, we should draw lessons from foreign experience, with full respect for public opinion, on the basis of extensive solicitation of opinions of the people, by the National People's Congress amended decision, because the criminal law itself is a concentrated expression of public opinion.

 

Two, the "Leniency" criminal policy and "the draft amendment (eight)"

  Experts agree that, compared with the prior to the amendment, the amendment of criminal law pays more attention to "embody the criminal policy of temper justice with mercy". In recent years, in the scientific development, harmonious society context, "Leniency" criminal policy has got more and more, and not only guide the judicial, also guide the legislation. From our previous criminal law amendment, "heavy gently" criminal policy gradually be reflected, and the reflected the most obvious, is the "amendment (eight)" the draft. Amendment to the contents of previous wide involved, but this "amendment (eight)" the draft is lenient efforts so far one of the largest revision, the criminal policy of combining punishment with leniency in criminal legislation, the prevention and punishment of the combination of leniency, combined with strict, maximum to protect human rights, maintain social order, promoting social harmony. But for the "draft" "more weight" or "more light" more and more, experts are divided. Some experts think, overall more reflected light punishment, such as reducing the death penalty charge 13, cut strength is very large, at the same time, "draft" to minors, the elderly and community correction, lenient punishment on probation, parole provisions, are "reflect more light.". Experts hold the opposite view is that, "draft" tend to be more "weight". First, although the form of a 13 reduction of charges, the number has more advantages, but in fact did not cut the death penalty practice effect. The 13 crimes belong to the economy of non violent crimes, such as theft, fraud, crime of Imparting Criminal Methods and so on, in the judicial practice, basic has not apply the death penalty. Therefore, the premise 13 charges after the cancellation of the original basic death penalty does not apply the death penalty, the criminal sentence, it is "strictly". Second, "draft" add new charges, such as dangerous driving, illegal trading of malicious wage, human organs, especially the dangerous driving crime and the crime of malicious wages, extensively, will be under the jurisdiction of civil and public security management general behavior into criminal law jurisdiction, is also the embodiment of "Yan". Third, reduce the threshold for conviction, which constitute a crime conditions reduce, lead to more easily into the crime, such as production, sales of counterfeit drugs crime, removed the "provisions enough to endanger human health". The above content, in essence reflects both the leniency of "Yan", therefore, "draft" although it has fully implemented the criminal policy of "Leniency", but in fact tend to be more strict. Of course, can not deny the positive significance of the death penalty, cut form, influence, the international community legislators light punishment attitude shows and substance and form the final unification, is beneficial. Then, the substantial reduction of how to really do the death penalty, some experts suggest should be based on respect for public opinion, the public can not accept the abolition of the death penalty charges, retaining the death penalty in the form, but in the legislation more targeted additional restrictive conditions, so that the practice of strict control of death penalty.

   

Three, on the part of the new crime question

  The "draft" drunk driving, drag racing and other dangerous driving crime and the crime of malicious wages of these two new charges, the experts agreed that should not be convicted if convicted, also be cautious.

  Because of drunk driving, drag racing and wages is a hot issue in recent period of time of society, so the two charges forward, largely in response to the voice of the people, so that the characteristics of dye too emergency legislation. The expert thinks, China broad region, similar to the drunk driving, wages and other hot issues inevitably exist, but we need to conduct the empirical study by the peace of mind, to consider the need for crime, otherwise only the voice of the people, the instructions of the leadership and hurried legislation, I test the criminal to withstand the test of time and the future of justice. Also the expert thinks, the legislation completely excluded social utility is not realistic, do need to respond to the voice of the people, but the legislation must be rational, must be carried out to ensure the two important value of its stability and certainty, but in the above-mentioned two charges on the issue, obviously does not reflect the legislative reason.

  First, two of the legislation of the crime of violation of the criminal law. The criminal law is the last barrier of the whole social security system, it relates to people's life, freedom, property and other important matters. So, the criminal law legislation and application should be very careful. Especially for new types of behavior, the temporary behavior, instant action, criminal law should have two illegal evaluation requirements, only is not in place, in other legal adjustment are not effective, unable to effectively stop the harmful behavior may only be the use of criminal law. However, drunk driving, drag racing actual harmful consequences in no case only administrative violations, adjusted by the public security management method can be solved; malicious wage itself is just a civil infringement activities, can also through the labor arbitration, civil litigation and enforcement measures to solve. This can easily upgrade to the criminal judicial procedure by strengthening civil or administrative measure to solve the problem, on one hand will make the way other functions of dispute resolution degradation, other relevant departments lazy politics phenomenon, but also easy to produce dependence on criminal punishment, the serious influence to the criminal law modest.

  Second, two of the legislation of the crime of pressure on the national judicial resources. Hypothesis "draft" the social problems of crime, so easily, can imagine how much traffic police on the road to intercept a drunk man, how much energy to the trial judge on the malicious back pay cases, how much space to spare to prison commit these people. Therefore, the judicial practice related resources there is no corresponding follow-up, supporting facilities have not done well, and add new crime, not only for the national judicial resources pressure, are more likely to cause a series of follow-up questions, this is very dangerous to the social stability.

  Third, the operation of two crimes the difference. For drunk driving, no matter only through the detention punishment can play a deterrent role, only from the procedural point of view, the original 15 days of administrative detention punishment, it is very fast, and now the procedure is very complex, may only procedure process will be more than half a year; from the conviction standards, all over the road condition different, alcohol content, speed and other standards will be difficult to unify and applied to the crime; from the point of view, a demarcation line between this crime and traffic accident crime, the crime of endangering public safety in a dangerous way, and the conflict of road traffic safety rules, and it may be related to the subjective cognizance, transformation behavior are more complex, and is an urgent problem to be solved. For malicious wages, the wages of complicated factors, may be involved in government, processing difficulties, even though the crime were sentenced, but it caused the collapse of enterprises, but more is not conducive to the salary payment, so the operation of this crime is not high.

  In addition, some experts also put forward some concrete charge lowers the threshold for conviction. Such as "the draft" twenty-third on the production, sales of counterfeit drugs crime changes, the original provisions enough to harm human health will constitute a crime, but will now be "enough to harm human health" requirement cancel. In judicial practice, some drugs are not harmful to human health, although not cure but does not harm, so the behavior of social harmfulness and subjective malignant and little. And as the "draft" 38 and fortieth to blackmail and impose exactions on crime and crime modifications, were increased by "blackmail and impose exactions on many" and "many people repeatedly commits the act, serious damage to social order" in crime case, this will cause some rights over the public behavior and group behavior of maintaining rights be included in this two charges, so some experts proposed to increase "in addition to other rights" provision in the two clause. Experts think, can not arbitrarily reduce the threshold for conviction, or may be related to "adapt" the crime against the principle, into the standard of crime should be strictly to the social hazardous size, size to determine the subjective malignant.

 

Four, the legislation technology needs to be further improved

(a) legislation is too quick

  The expert thinks, "some of the provisions in the draft" too quick, unable to connect with the current legal system of the society. For example, the community correction, from minor criminal record reporting obligations are too advanced, from the practical foundation. Community correction system only be stipulated in the criminal law, will lead to the operation of the judicial practice, a series of problems will be solved, such as the main body of community correction, community correction programs, education system, supporting measures as well as local and foreign community correction work coordination, etc.. In the standard and the actual operation, does not seem to be mature and unified. Similarly, provisions on the exemption system of juvenile criminal record reporting obligations, but also lack of corresponding legal system construction. Such as what subject can be exempt from obligation to report, only according to the sentence to determine whether too mechanical, who decides who is responsible for inspection, investigation, the relationship between long term and with other systems, such as the relationship between and recidivism are lack of unified provisions. Therefore, "the draft" regulations is too advanced, but the reality was far behind. If the reality is unable to carry out the provisions of the law, then the law will be vacant, but more often than not, could not be more terrible, serious damage to the authority of the law.

(two) the legislation is too complex

  Some experts believe that no law contains too much content, otherwise the criminal law is too long, too complex. To explain the problems solved by legislation, no included in the criminal law. Such as "the draft" article forty-first of the underworld property organization constitution condition to carry out the provisions of legislative interpretation, in fact it has made detailed provisions, and can solve the practical problems, and now the provisions of too much increase the criminal law article length, legislative technique is worthy of discussion. But experts believe that, without some provisions in the criminal law alone content charges, so that increased the length of the criminal law. Such as "the draft" forty-sixth to assist the organization prostitution crime settings, in fact of assisting in the organization of prostitution "for the organization prostitution were recruited, transported" can be solved by accomplice theory, without the need for separate charges.

(three) the language of the law is too rough

  The experts agreed that standard clauses, draft legislation is not accurate, is rough. "Draft" third "to Article forty-ninth of the criminal law is amended as: 'when he committed the crime under the age of eighteen and trial of the pregnant women, has attained the age of seventy-five years, the application of the death penalty.'" Such a statement from the language specification point of view is not scientific, easily lead to misunderstanding. From the literal meaning is "judgment day is full already 75 years old people" do not apply the death penalty, the law and substantive meaning "when the crime has over 75 years of age" counter proposal, described it as "a crime under the age of eighteen, when the full seventy-five years of life and trial pregnant women, do not apply the death penalty." again, "draft" fifth clear mitigating limit, but "a sentencing range" and the reference points are not mitigated punishment. Such as "three years in prison," the point of reference for a period of 3 years in prison, but can reduce to control, criminal detention is not mentioned.

(four) make the amendment shall enter into force time and complete criminal law text

  Some experts have suggested, the "criminal law amendment (eight)" to change before the draft "with effect from the date of publication" approach, to give people some adaptation period. Otherwise it may appear such phenomenon, some behavior today does not constitute a crime, but tomorrow the promulgation of the amendment, it is a crime, so many people become criminals overnight. The new law may not know, by all the people in the overnight, therefore, must give ordinary people learn, adapt to the laws of time. Proposal "amendment (eight)" a period of time after the date of entry into force in the published.

  At the same time, some experts suggested shall formulate a complete criminal law text. The NPC Standing Committee passed the revised ten times, but never enacted criminal law text complete. Scattered criminal law, hinder people for the criminal law study, application, promotion, also affected the unity and flexibility of the criminal law.

(five) need further careful, comprehensive legislation

  The expert thinks, "draft" regulations is not rigorous, comprehensive logic. Such as "the draft" the provisions of article first has attained the age of 75 years of criminal negligence, shall be given a lighter or mitigated punishment. The provisions of the original intention is commendable, but it does not consider the people under 18 years of age negligent crime should be how to deal with. If we do not consider this point, will inevitably be care for this and lose that. As "draft" thirty-seventh of the crime of theft made substantial changes, absorbed some practices in judicial practice, which is worthy of recognition, but it is not clear in the judicial practice common "pickpocket" provisions, but in the judicial practice relatively rare "lethal theft", this kind of practice is worth discussing.

(six) the legislation should pay more attention to the practicality, operability

  Some experts on the law of specific operational, practical question, think of the new changes to the current "draft" charges, some of the lack of practicality and operability. Such as "the draft" fifteenth,"...... The people's Court of criminal parole decision, should consider its influence residential parole community and whether to have effective supervision conditions." In judicial practice, whether to have the supervision conditions that parole is receiving unit, public security authorities need to provide proof, and the public security organs are often unwilling to cooperate, therefore, "draft" of the system itself is reasonable, and the application is burdensome.

 

Five, other

(a) "draft" for the adjustment term should increase

  Some experts believe that the criminal law amendment for term adjustment, and the need of judicial practice there are still gaps. "Draft" the provisions of article tenth in prison for up to 20 years in prison, the total sentence of more than 35 years, the maximum penalty of not more than 25 years. In judicial practice, for 35 years is not much, so the real can be sentenced to 25 years of the case are not many, "draft" Regulations of little significance in practice. Only truly improve prison cap, to resolve and the reprieve of the death penalty, life imprisonment and death between between, are to be sentenced to life imprisonment and the huge gap between the. In the premise of limiting the application of death penalty, the penalty term.

 

(two) "full 75Years of age, do not apply the death penalty "is reasonable in dispute

  In order to embody the humanitarian and in line with international standards, lawmakers in the "draft" the third regulation of the full 75 years of age who do not apply the death penalty. Some scholars on the "draft" Regulations under the age of 75 is reasonable to be questioned. The ancients said: "life is seventy throughout the lean", but greatly enriched in the material standard of living today, more than 75 years of age who meet the eye everywhere, and the level of intelligence, talent, the ability to identify the control is still at a high level. Leadership, some of the underworld group leader may be 75 years of age or older, it is possible for illegal organizations, illegal use of more than 75 years of age old crimes so as to evade the law and severely punish the situation, therefore, is not suitable for more than 75 years of age old man to death penalty. But most of the scholars hold different views, think first of all, from the view of judicial practice, more than 75 years of age who engaged in malignant crime were sentenced to death in less and less, therefore, the small number of people "lighter" will not cause damage to the social order, but embodies the criminal law to light punishment of a kind of trend of development and lawmakers posture, is of great significance. Secondly, from the physiological development trend, along with the age growth, increase the life experience, tend to be more social and rational, therefore, that the "draft" lenient provisions will lead to more than 75 years old were spared the death penalty as can be, but more frequently engaged in criminal activity, resulting in great harm to society, belongs to the unnecessary worry. Finally, from the perspective of criminal history, our country in the Western Zhou Dynasty for more than 70 years of age who have spared the death penalty, the fine tradition of then contemporary people should inherit "respect" of the Chinese nation, for the elderly to hold a more tolerant attitude. Based on this, some scholars put forward the "75 years", to "70 years" is not a bad idea.

                    (Wang Bo, Xu Jinrong, Jiang Ying arrangement)