I. Definition of the Death Penalty

The death penalty is a punishment method that deprives criminals of their lives, also known as the death penalty (capital punishment/life penalty). As the most severe punishment among all penalty methods in the penalty system, it is also referred to as the extreme penalty. The death penalty is a criminal law measure that punishes crimes and defends society by physically eliminating criminals. Precisely because of the severity and enormous deterrent effect of the death penalty, rulers of all countries throughout history have attached great importance to its use, regarding it as an important means to deal with the most serious crimes that endanger their rule.

II. Main Views of Chinese Academic Circles on the Abolition or Retention of the Death Penalty

From a judicial practice perspective, it seems that more countries support the abolition of the death penalty; however, this trend has not shown much sign in China. The attitudes of Chinese academic circles towards the death penalty can be roughly divided into several factions:

• Minority View: Advocate complying with the global trend and completely abolishing the death penalty
• Minority View: Advocate at least maintaining the current number of crimes punishable by death, and consider appropriately increasing the number of death penalty provisions
• Mainstream View: Advocate reducing the number of death penalty provisions in the criminal law on the premise of retaining the death penalty, restricting the scope of application of the death penalty and strictly enforcing the execution procedures of the death penalty

III. The Existent Value and Limitations of the Death Penalty

1. Limitations of the Death Penalty

The essence of the death penalty is actually a corporal punishment. Therefore, it is contrary to the civilized progress of human society. With the development of society and the improvement of human civilization, the use of corporal punishment has become less and less, gradually being replaced by property punishment, qualification punishment, and deprivation of liberty. The execution methods of the death penalty have also become increasingly civilized. However, the death penalty is still a form of corporal punishment after all.

• No matter how civilized the execution method of the death penalty becomes, the death penalty is extremely cruel. As a relic inherited from the uncivilized period of humanity, the death penalty will eventually decline with the development of human civilization.
• The death penalty is the most severe among all penalties, but if it is widely applied, crimes of varying degrees of seriousness, even vastly different ones, may all be punished by death, which will inevitably lead to inadaptation between crime and punishment.

Rational thinking must be conducted on the issue of the death penalty, which concerns human lives.

2. Existent Value of the Death Penalty

The existence of the death penalty in modern civilized society is not accidental:

Firstly, the death penalty demonstrates the attitude of the state and society towards certain crimes. When a criminal's offense reaches a certain serious level, the state and society will deem that this person is no longer acceptable to the entire society and must be deprived of their life so that other members of society can live in peace. This aspiration is reasonable and entirely correct. Imposing the death penalty for the most serious crimes is the responsibility of a competent government.

Secondly, the deterrent effect of the death penalty is incomparable to that of other punishment methods. What kind of punishment can be more fearsome than depriving a person of their life? Since ancient times, people have regarded the death penalty as the most important among all penalties, and this value choice is correct. The death penalty is extremely terrifying to many people; whenever they think that the consequence of a crime is death, a potential criminal will always have scruples about committing the act.

Thirdly, the comforting effect of the death penalty on victims is unparalleled by other punishments. Most victims of serious crimes have already died. If their family members see that the criminal who killed their relative is still alive, living a life of food and clothing without worry in prison, and may even be released from prison one day, they will naturally feel psychologically unbalanced. If this continues, it will inevitably lead to the loss of public confidence in the government's efforts to combat crimes, which will in turn lead to the proliferation of "lynching".

IV. Retaining the Death Penalty, Promoting Advantages and Eliminating Disadvantages

1. The Relationship Between the Death Penalty and Crime and Criminological Analysis of Their Relationship

Lynching can deprive certain criminals of their lives, incapacitate them from committing crimes, and at the same time deter other criminals and unstable elements in society. However, if lynching is overused, the deterrent effect of the death penalty will be weakened, and people (especially criminals) will develop a "numb" attitude towards the death penalty.

Criminology mainly studies the causes of crime and its prevention, and advocates strictly adhering to the principle of suiting punishment to crime in criminal policies, determining the applicable punishment based on the type and harm degree of the crime committed by the criminal:

• Property crimes should be mostly punished with property penalties
• Violent crimes should be mostly punished with deprivation of liberty, and the death penalty should be considered based on the harmful consequences

Rather than allowing the death penalty to be applied to all types of crimes regardless of their nature. For example, before 1997, the Criminal Law stipulated that theft could be punished by death, which meant that theft and intentional homicide had the same maximum statutory penalty. As a result, in reality, incidents of murder to cover up theft often occurred—because criminals knew they might be sentenced to death, it would be better to kill the victim during the crime, reducing the chance of the public security organs solving the case.

Therefore, under the guidance of criminal policies aimed at preventing and reducing crimes, the death penalty should be strictly restricted and cautiously applied according to the nature and type of crime.

2. Reform Directions for Giving Play to the Effectiveness of the Death Penalty

First, reduce the number of death penalty provisions

It is necessary to reduce both the number of provisions in the specific provisions of the Criminal Law and the actual number of death penalty applications. For example, non-violent crimes are not suitable for the death penalty; abolishing the death penalty for some crimes that are rarely sentenced to death in judicial practice has little impact on combating crimes but plays a huge role in improving China's international reputation. In the application of the death penalty, we must adhere to the criminal policy of "persisting in fewer executions" and "not executing those who can be spared from execution".

Second, adjust the overall structure of China's Criminal Law

Third, restrict the objects of application of the death penalty

Fourth, improve the death penalty review procedure and resolutely prevent wrongful executions

V. Summary

Although the death penalty has certain limitations in combating and preventing crimes, it has special functions that other criminal penalties do not possess. Therefore, on the issue of the abolition or retention of the death penalty, we should adhere to continuing to retain the death penalty, and carry out necessary reforms at the same time to make the death penalty play a greater role. Finally, when social conditions permit, we can abolish the death penalty step by step.