3. The execution of death penalty in China conforms to the development trend of the world.
4. The application of the death penalty conforms to the social contract.
Abolishing the death penalty is inhumane, because it only devalues the personal rights and interests or social interests infringed by crime.
6. The death penalty is often used as a powerful weapon to suppress the reactionary forces, counter the restoration and consolidate the rule by the revolutionary forces that have gained political power.
7. Not applying the death penalty to felons obviously violates the principle of proportionality between crime and punishment. Moreover, there is no range and difference in the penalty of replacing the death penalty with life imprisonment proposed by abolitionists, so the reason of accusing the death penalty and abolishing the death penalty with the same crime and punishment cannot be established.
8. The possibility of misjudgment of death penalty can be avoided to the greatest extent through judicial efforts.
9. The death penalty is the necessary and most effective means to deprive certain criminals of their ability to commit crimes again. The application of the death penalty does have a special deterrent effect that cannot be replaced by other punishment methods. It must be affirmed that the application of the death penalty is necessary for both special and general prevention of crimes.
Legal basis: Criminal Law of People's Republic of China (PRC).
Article 48 The death penalty is only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension.
The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
Article 49 People under the age of 18 at the time of committing a crime and women who are pregnant at the time of trial are not subject to the death penalty.
The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.
Article 50 If the death penalty is suspended, and there is no intentional crime during the suspended period, it shall be commuted to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.
The people's court may, according to the circumstances of the crime, at the same time decide to limit or reduce the punishment for recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
Legal basis:
Article 48 of the Criminal Law of People's Republic of China (PRC) stipulates that the death penalty is only applicable to criminals who commit extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension. The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.