Whether a criminal law retains the death penalty is influenced by many factors, and public opinion is the most important aspect. If 99.9% of people in a country (such as China) support the death penalty, it is almost impossible to abolish it. I don't think supporting the death penalty is inhuman or backward. On the contrary, I think the death penalty is reasonable under the current national conditions in China. Of course, this paper does not want to discuss whether the death penalty is reasonable, but an important factor affecting the death penalty-economy.
The economy mentioned here is not the level of economic development (although it is related to it), but the application of the death penalty is studied by cost-benefit analysis. Let me give you two examples first: First, France's death penalty support rate is nearly 60% (I forget which year), but France abolished the death penalty, which seems to be against public opinion. Second, it takes about 30 years for the United States to execute the death penalty from judgment to execution (as the movie said). I mean, as the cost of executing the death penalty is getting higher and higher (including the judicial resources, attorney fees and social costs invested by the state in reviewing the death penalty), when it is higher than the cost of life imprisonment, the state will consider reducing or even abolishing the death penalty unless public opinion is particularly opposed. When the country chooses between life imprisonment and death penalty (public opinion)
Analyzing the current situation in China, we can see that the cost of executing the death penalty in China is very low, the cost of reviewing the death penalty plus the execution cost (just one bullet) is far lower than that of life imprisonment, and the financial pressure and prison pressure of the country are very small, so the country is more inclined to retain the death penalty. In addition, China's public opinion is firmly in support of the death penalty, so it is difficult to put pressure on the government only by the appeals of a few experts and scholars. Everyone has no objection. Why should it be abolished? Therefore, China will not reduce the number of crimes of death penalty in the short term.
Will China abolish the death penalty one day? What time? The execution cost of death penalty in China is getting higher and higher. This year, the Supreme Court revoked the right of reinstatement of death penalty, which is said to increase the workload equivalent to 100-200 judges. This is the cost. In the future, there may be other systems to increase the cost of death penalty, such as extending the review time of death penalty and the cost of detaining the defendant (if the appeal and review are over 30 years, it will be almost indefinite); The death penalty review is stricter and more judicial resources are invested; Social pressure; International pressure (see) and so on. The sum of these costs will exceed the cost of life imprisonment in a certain period of time (prisoners' accommodation and detention expenses), and then the state will consider reducing the application of the death penalty. For example, I think the Supreme Court judges tend to reduce the application of the death penalty because of the concept of "cautious punishment" and the great work pressure brought by a large number of death penalty reviews. In order to reduce this pressure, they will reduce the death penalty within the scope permitted by law to influence the lower courts.
In addition, I think China will gradually reduce the death penalty instead of abolishing it. It is necessary to retain the death penalty for serious vicious crimes (such as killing demons and terrorist attacks). ). This involves another cost analysis, the cost of crime. Don't tell me the death penalty is no more deterrent than life imprisonment. This is just the wishful thinking of some nerds (looking down on people who are divorced from life and study), otherwise liuyong, the boss of Shenyang underworld, will not return all his money and make a death sentence.