Abstract

Abolition of the death penalty has always been controversial, and our social progress as well as the importance of human rights, which existed in the special criminal law has been the gradual abolition of the death penalty, which most people criticized punish bandits regulations, but also at二○ ○ was completely abolished. However, due to our people in general still generally against the death penalty case, the current criminal law norms is not only still have the death penalty, but was even there are also the only the death penalty, which may be unconstitutional provisions, how to solve the future, it will be protection of human rights in China to get to what extent indicators. The abolition of the death penalty, domestic literature is quite a lot, there are ways to proceed from the survey have started from a legal point of view, there is started from a social point of view, although the legal aspects of this study, but will focus on constitutional due process to put in principles-based view, as distinct from the previous discussion. The abolition or retention of the death penalty is a controversial topic. In Taiwan the death penalty is a very important punishment and many people think that it can deter criminals. This article concentrates on the question of the due process of law and what influence this may have on its role as a deterrent. While what is discussed may be an abstract, academic principle, consideration of it should lead us to reformulate our view of the death penalty