19:30 pm on December 16, 2007,Professor, Faculty of Law, Sapporo Gakuin University, Japan、Mr. Takao Suzuki, Professor of Shantou University Law School, visited Lecture Hall 101 of the Law School,Conducted an academic report on "Abolition of the Death Penalty in East Asia" for teachers and students of our college,The report was hosted by Associate Professor Mou Xiankui。
Associate Professor Mou Xiankui first gave a brief introduction to Professor Suzuki Keio’s personal situation,Professor Suzuki Keio said,This is my third visit to Shandong University,In April this year, he published a monograph on "The Abolition of the Death Penalty in East Asia"。This report will focus on the three core issues of the book,The theory that the death Bet365 Online Live Dealerpenalty is unconstitutional、The theory of restrictions on the death penalty and the issue of alternatives to the death penalty。
Professor Suzuki first briefly elaborated on the abolition of the death penalty。He pointed out: Theoretically speaking, there are two key points in the abolition of the death penalty: one is human dignity,The second is the abolition of the death penalty。He then listed the historical progress and current situation of the death penalty system in East Asia such as South Korea and Taiwan。Socialist China still has a long way to go on the road to abolishing the death penalty,The walk is more difficult。Socialist China is the people’s country,We should pay more attention to the value of human life。This is the origin of the death penalty abolition theory in East Asia,The basic starting point is respect for human dignity。Professor Suzuki introduces the theory of human dignity,Think that if the country does not respect people as ends,But simply use it as a means,Will damage human dignity based on intellectual behavior。
Then,Professor Suzuki elaborated on the three core issues raised at the beginning:
一、Thesis on the unconstitutionality of the death penalty。Professor Suzuki gives an example,The death penalty system stipulated in the criminal law violates the provisions on human rights in the Constitution。Supporters of the unconstitutional theory of South Korea’s death penalty believe that the death penalty is an infringement of people’s most essential rights,This is its theoretical basis,Therefore the death penalty is a violation of people’s right to life,It is unconstitutional。such as,South Korea’s handling of political prisoners,Research on the application of the death penalty to political prisoners has been highly praised by academic circles,Professor Han from Seoul National University believes Best slot on Bet365that there are four points: First, the death penalty is used as a means of intimidation;Second, it is abnormal for the death penalty to be applied to political prisoners in extraordinary times;Third, the execution speed of the death penalty is astonishing;The fourth is to block the way to save people and save lives。Professor Suzuki thinks,Although this was written by Professor Han in 1999,But to this day,Still worthy of attention,It is still a question worth studying。
二、Restriction Theory of Death Penalty。Professor Suzuki pointed out,The theory of restricting the death penalty is a very meaningful step in China on the road to the abolition of the death penalty,The most important thing is that the system that can apply the death penalty to non-violent crimes such as economic property should be abolished。He cited the opinion of Professor Zhao Bingzhi, one of China's representatives in this field: China's current death penalty system violates Comrade Mao Zedong's "kill less"、Kill with caution、The six-character policy of “no killing”。Professor Zhao Bingzhi believes that the death penalty can only be applied to crimes that cause significant damage to the interests of the country and the people,No matter how serious a non-violent crime is, it is still non-violent,The social harm is obviously less than that of violence,Therefore it is not suitable to apply the death penalty。Professor Suzuki agrees with Professor Zhao’s view,Also agree with Mao Zedong’s metaphor of “cutting leeks” on the death penalty。
三、The issue of alternative punishment to the death penalty。Professor Suzuki pointed out,The suspension of execution system used in mainland China is something that cannot be seen in South Korea and Taiwan。Its characteristics are: criminals who should be sentenced to death but should not be executed immediately,The death penalty can be pronounced Bet365 lotto reviewand a 2-year suspended sentence can be given。The result is that if you do not commit another intentional crime within two years,It becomes life imprisonment;If there is a major meritorious service, the sentence will be reduced to 15 to 20 years in prison;But if another intentional crime occurs within the two-year probation period,After being submitted to the Supreme Court for approval,Immediate execution。This alternative method similar to the death penalty is an initiative of China,But Professor Suzuki is concerned about the ratio between immediate execution and two-year reprieve,The Chinese government is not open to the public。China should reduce the number of executions of death sentences for non-violent crimes,This is one of the reasons why China has attracted much attention from the world。
Last,Professor Suzuki concluded that the situation in East Asian countries is different,But the protection of human life should be the same。The death penalty is a state killing act,It will make people shake their respect for life,It can also lead to people’s disregard for life。If the country does not reflect on the underlying reasons behind crimes,Just put the responsibility entirely on the criminals and bear it entirely,Is this allowed by law,Can it increase people’s hatred of the country?These are questions worth pondering。In addition,Misjudgements by judicial authorities are inevitable,The system of "enjoyment" should be implemented promptly to reflect the country's tolerance and respect for human rights。Professor Suzuki ended this report by quoting Goethe's words: "I hope everyone can treat others,Treat like a human being,Regardless of punishment,Still tolerant。”
Associate Professor Mou Xiankui gave a brief but comprehensive summary of the report,This report ended with warm and lasting applause from the audience。