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美国论文代写:Should the Capital Punishment be Abolished

2017-05-26 来源: 51due教员组 类别: Essay范文

本文是一篇优秀的essay代写范文- Should the Capital Punishment be Abolished,供大家赏析学习,这篇论文讨论了死刑该不该废除的问题。中国长期以来一直被一些西方国家谴责为一个没有人权的国家,而其中一个主要原因就是中国仍然在法律中保留死刑。一些学者认为,一个开放民主的国家不应该有死刑,即使是永恒的监狱也比死刑好得多。但中国还没有完善的法律体系,所以中国公民的法律意识相对薄弱。因此,死刑刚好成为人们认识法律重要性的警钟,所以目前中国不应该废除死刑。

Capital Punishment,死刑,美国论文代写,essay代写,澳洲代写

China has long been denounced by some western countries to be a country without human rights. One of the main reasons is that (Like the US,) China still retains capital punishment in its law. Like the U.S, capital punishment is also controversial within the country. Some scholars argue that an open and democratic country should not have capital punishment, even the eternal prison is much better than capital punishment. However, such comments do not suit China’s real conditions, because capital punishment is the most effective penalty that maintains Chinese social order and ensures the social stability. Currently, China is still in the developing period with security threats from all aspects at home and abroad. Therefore, in my opinion, the capital punishment should not be abolished in China at present.

First of all, China does not have a sound and perfect legal system, and most of Chinese citizens have relative weak legal awareness. Therefore, capital punishment becomes the alarm to make people understand the importance of law. For example, illegal punishment still exists in some rural area of China. The husband in the rural area would kill his wife privately if he finds his spouse committing adultery. However, the husband would not be punished as people around him and he himself take killing people privately for granted. Thus, Capital punishment would effectively alarm people without legal awareness that killing people privately is such a great crime that would deprive your own life. Some people may argue that eternal prison, the relatively more humane penalty, could also make criminals realize the sins they have made. However, I do not agree with such argument. If the criminal who has killed someone else could not deserve the according punishment, the death penalty, they would go scot-free, and Chinese normal citizens would never enhance their legal consciousness. People may also argue that if the justice system in China is underdeveloped at present, then it should not be trusted to decide on this ultimate penalty. However, one should be aware that a just law is a man-made code that squares with the moral law, and any law that uprights human personality is just. (A Letter from Birmingham) Killing people is of course out of harmony with the moral law, and it is the capital punishment that makes criminals and citizens upright personality and behave properly. As a just law, the capital punishment is aimed to help the country improve its justice system.

(I understand and support the point here. You should know, however, that it immediately raises a counterpoint: If the justice system is weak and underdeveloped, then it should not be trusted to decide on this ultimate penalty)

Secondly, China’s regime stability needs capital punishment. Nowadays the international anti-China forces are still on the rise, and they have never stopped intervening China’s internal affairs. Maintaining capital punishment would be a strong tool to fight against those who are engaged in traitorous activities in collusion with other anti forces. Taking the Tibetan issue for example, those who are trying to split the country and threat the unity of China shall be punished severely, even to death. Paul Tillich has said that sin is separation. Isn’t the fragmentation or balkanization of the country an expression of man’s tragic separation and his terrible sinfulness? So capital punishment serves a strong deterrence against those who aims to overthrow the government of the socialist country and those domestic lawless people. (This is a strong, forthright claim. You should, though, know that Americans are somewhat unaccustomed to hearing arguments about the use of the death-penalty as a tool to suppress political dissidents.  I think that is, of course, one use of capital punishment here, too.  But, Americans tend to prefer not to mention it!  This is not to say that you should change your paragraph—just a note for your information)

Last but not least, the public opinion and the conventional Chinese sayings that he who murders pays the forfeit of his life and those who murder have to be executed to assuage the people’s anger all support that capital punishment should not be abolished. Prisoners who are under sentence of death are those who are heinous and are the great threat to the whole society. “Mercy to the criminal is cruelty to the people” (Zhao Zuojun, 2004:46). They are malicious and stubborn, so it is difficult to change them into good ones. It is safer to the society to claim the lives who are dangerous threat.

Taking Ma Jiajue as an example, in 2004, he ruthlessly killed four students in the dormitory of Yunnan University because of trivial matters between them. On June 17, 2004, he was sentenced to death by the Yunnan Provincial Higher Peoples Court, deprived of political rights for life. Another example is Yao Jiaxin, a junior student of Xi’an Conservatory of Music who knocked into the victim and then stabbed him to death. If there was no capital punishment in China, criminals like Ma and Yao would not be punished as severely as he deserved, and once people did not feel good or have conflicts with others, they would choose to vent their hatred first and be not afraid of killing others since they knew they would not be sentenced to death. In this way, there would be more crimes and more victims. As a consequence, capital punishment should not be abolished so as to prevent further crimes and protect the social safety and stability.

However, some other people may argue that all people are created equal, and they have the same rights to choose their life and no one can deprive other people of their lives. Capital punishment is inhumane and uncivilized, which is to the disadvantage of the development of the human rights and civilization in China.

The national conditions of China determine that it is rational and reasonable to maintain the capital punishment. On January 7, 1986, Deng Xiaoping said that “Capital punishment should not be abolished, some criminals deserve death penalty.” However, with the development of China socially and legally, the abolishment of the capital punishment is inevitable, which is not only the whole trend globally, but also the requirements of social development. At the same time, we should fully recognize that before we reach the level of a developed country, we should never abolish capital punishment since on the one hand, the government is responsible for the whole country; on the other hand, we are responsible for the whole Chinese people.

The abolishment of capital punishment, or rather the suppression of capital punishment, should be an absolute trend of social development, a product of a higher awareness of human rights. Legal system develops and changes with the development of social formation and the era. The best laws of the past may not suit today’s development. The more civilized and more economically advanced a country is, the more it will focus on the protection of human rights from different ways. So with the development of China’s society and civilization, China will eventually abolish capital punishment.  (This is a good, polite critique of the American use of the penalty, yes?)

But now, for sake of the enhancement of people’s legal awareness, the harmony of the society, the stability of the country, and the protection of innocent people and human rights, the capital punishment in China should not be abolished.

References:

1. Michaael E. Parrish, The Supreme Court and Capital Punishment: Judging Death, CQ Press, Washington, p131.

2. O. W. Holmes,Jr. ,The Common Law,ed. M. Howe ( Boston: Little Brown,[1881]1963 ) ,5.

3. Zhao Zuojun, The Conditions and Trend of Capital Punishment in China, Journal of zhengzhou institute of light industry, 2004 (2): 45-48.

4.Aggravating Factors for Capital Death Punishment by States, http://www.deathpenaltyinfo.org/aggravating-factors-capital-punishment-state

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