The evening of November 19th，Professor, School of Criminal Justice, Ritsumeikan University, Japan、Mr. Hiroyuki Kuzuno, a researcher at the International Center for Prison Studies at King's College London, visited Lecture Hall 101 of the Law School，Conducted an academic report on "Discussion on the Legal System of the Death Penalty in Japan" for teachers and students of our college，The report was hosted by Associate Professor Ding Jie。

    Report Start，Professor Kuzuno gave a brief introduction to the content of the report，Content involves the history of Japan’s death penalty system、Legal system and other contents。Subsequently，Professor Kuzuno elaborates，Introduced the current status of the death penalty system around the world to the students: based on information from amnesty, a world human rights NGO，Until the end of 2005，There are 86 countries in the world that have absolutely abolished the death penalty (accounting for 44Gj8)，There are 11 countries (6Gj8) that do not impose the death penalty for general crimes；There are 25 countries (13Gj8) that bet365 live online casinohave not carried out executions at all in the past ten years，There are 122 countries that have virtually abolished the death penalty；On the other hand，74 countries retain the death penalty (38Gj8)。After 1990，Four more countries that have abolished the death penalty have reinstated the death penalty，But there are more than 50 countries that have completely abolished the death penalty，For the death penalty system，Whether you agree or disagree，Abolition of the death penalty is a global trend。

    See it from the trends of countries around the world，The most important requirement to respect human dignity and protect human rights is to effectively protect life。The death penalty that deprives a person of life，It is a punishment that is contrary to the protection of human dignity and human rights。This view of the death penalty is becoming mainstream around the world。Japan is the same as China，It is a country that retains the death penalty。In Japan，Most people in politics and society in general advocate retaining the death penalty，The court also made a death sentence，Although the number is relatively small，But in recent years, there has been a gradual increase in digital performance。

    Continue，Professor Kuzuno introduced the history of capital punishment in Japan。The death penalty has existed in Japan since ancient times，However, there was a tendency to reduce penalties during the Nara period。Entering the Meiji Period，The process of modern legal system construction is very rapid: in 1881, Ueki Edamori publicly advocated the abolition of the death penalty；The Penal Code enacted in 1907 abolished the death penalty for royal crimes，The death penalty provisions in the Special Penal Code have also been partially abolished，But the death penalty is still retained。In comparison，West Germany and Italy are reflecting on their actions before the war、Proposed the abolition of the death penalty due to the excessive application of the death penalty during the war。

    In the second part of the report, the legal system and application of the death penalty in Japan are introduced。The Japanese criminal law stipulates that the penalty is the death penalty for: the chief conspirator of civil strife、12 types of crimes caused by foreign bet365 live casino and sports bettinginvasion，There are five types of crimes including duel to death in the special law，Among them, the legal penalty is the only death penalty and the absolute death penalty is only caused by foreign aggression，The others are all relative death sentences。More than 95Gj8 of the crimes sentenced to death were murder or robbery (rape) leading to death。Although Japan retains the death penalty，However, the number of death sentences and executions decreased significantly after the war，There were almost no actual executions in the years after 1990。Article 475 of the "Japanese Criminal Procedure Code" stipulates the execution procedure of the death penalty，And at 476、Article 479 provides for special circumstances。Execution，The Minister of Justice does not have the discretion to stop execution，Issuing execution orders is a legal obligation。For the execution of liberty sentence，Professor Kuzuno thinks，Criminal Procedure Law requires prosecutors to “when there are major reasons”，Grants very discretionary permission to stop execution，This is obviously unreasonable。The death penalty shall be carried out according to the judgment of the Minister of Justice，Add a discretionary judgment to stop execution。

    On the issue of the survival and abolition of the death penalty，Professor Kuzuno talks about various theories of the death penalty. Those who believe in retaining the death penalty think: Just imagine the justice of retribution，For crimes that deprive human life，Only the death penalty；Repaying feelings to society and the bereaved families of the victims，The death penalty is necessary；Most people support the death penalty；Specially serious crimes such as homicide must be suppressed by the death penalty；The death penalty is indeed necessary to prevent recurrence。Abolitionists believe that punishment is not normal from the perspective of retributive justice，Must have the effect of suppressing crime；Life is an indispensable basis for human dignity，The right to life is a human right of special importance；Penalty should have the value of ensuring the criminal’s opportunity to return to society，The application of the death penalty eliminates this bet365 Play online gamesopportunity；From the perspective of the application of the death penalty，The death penalty is very low for homicide，etc.。

    In addition，Professor Kuzuno added from the perspective of the possibility of misjudgment。The wrongful death penalty is an irreparable injustice，And we cannot avoid the death penalty of miscarriage of justice。Unless the possibility of miscarriage of justice in the death penalty incident is completely ruled out，Otherwise the death penalty should be abolished。In the so-called confession-oriented investigation、Japanese criminal procedure as a factor in structural miscarriage of justice，Past death penalty retrial events (Mita、Cai Tian Chuan、Matsuyama、Shimada et al.) proved the danger of miscarriage of justice。Since the possibility of misjudgment cannot be eliminated，To avoid the injustice of wrongful death penalty，Only abolition of the death penalty。Japanese politics from now on、Looking at culture and other social conditions，It is very difficult to abolish the death penalty immediately，But legislation and judiciary should move towards limiting the death penalty。

    final，Professor Kuzuno introduced the abolition of the death penalty and special life imprisonment。There is a proposal in Japan to add special life imprisonment as a condition for the abolition of the death penalty or as a penalty in lieu of the death penalty，Recent proposals from favorable abolitionists to retain amnesty，But instead of the death penalty, life imprisonment without the possibility of parole，The death penalty should be abolished legally，Some people also proposed that special life sentences should be added。

    For the proposal to introduce life sentences，The reason is as follows: between the death penalty and the current life sentence，The severity of punishment is too different，Life imprisonment should be more severe；If a special life sentence is created，Should be to prevent recidivism of parolees serving life sentences；According to the proposal to create a special life sentence，Form a consensus to abolish the death penalty，It may be possible to avoid the application of the death penalty。

    Absolute life imprisonment and relative life imprisonment each have their own characteristics。The characteristics of the former are as follows: Bet365 sportsbook reviewthe victim is permanently isolated from society and is no different from the death penalty，But if it is indeed a miscarriage of justice, relief can be provided。But this may result in，Inequality due to different ages of criminals when sentenced，Besides, for criminals，Imprisoned for life with no hope of returning to society，This is too harsh。