One, law of substance of our country capital punishment restricts state overview

Up to now, the criminal legislation of our country can differentiate roughly for the following 4 phase: The first phase, 1979 of criminal law make with issue for enforcement; The 2nd phase, one-way penal code is right since 1981 1979 the complement of criminal law; The 3rd phase, 1997 of criminal law make with issue for enforcement; The 4th phase, criminal law amendment is right after 1997 1997 of criminal law edit. Below, the author parts to be opposite with respect to the criminal legislation of these 4 phase the limitative state of capital punishment undertakes brief treatise.

(one) penal code is right 1979 the limitation of capital punishment

Penal code was 1979 in general principles the first write the 3rd rule the 5th is set only the section made a provision to capital punishment, to capital punishment applicable waited for 4 respects to make rigid limitation with executive system from program of applicable condition, applicable object, approve respectively.

1. Applicable condition limits death penalty

Criminal law set the 43rd times 1979: 8 fellow denounce emperor to inspect crock of Mu of  of antrum of Huo of rotten Mi Californium to carve swollen imprint!

2. Applicable object limits death penalty

Criminal law set the 44th times 1979: "The person that when committing a crime, resents 18 years old and the woman that when ruling, are pregnant, not applicable capital punishment. Full already 16 years old resent 18 years old, if place crime travel is special serious, can sentence capital punishment postpone a deadline 2 years to carry out. " prohibit strictly the minor applicable capital punishment that 18 one full year of life resent when applicable to the woman that when sentencing, careful is pregnant capital punishment, in principle does not get pair of crime.
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