A Study on Policy of Abolition of the Death Penalty in Taiwan

• Main Authors: HUNG, LIANG-TE, 洪良德
• Other Authors: LIU, HUA-TSUNG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/532reh

碩士 === 南華大學 === 國際事務與企業學系公共政策研究碩士班 === 106 === 　　Death Penalty, which also called capital punishment,is the punishment that deprives offenders’right to live and separate them from society.Since declaring martial law ended in 1987,Scholars,lawyers and NGO (non-governmental organization) come up for discussion about Death Penalty, even ask to abolish the death penalty; thus we can know that the issue has been gradually emphasized by the countries of the world. 　　The ones for abolishing of the death penalty considers that no one can deprive any other’s right to live, even state apparatus, abolition of the death penalty is the ultimate concern of Humanism.However, the ones who against thinks that in order to achieve justice, those worst criminal should be carried out death penalty; it is also the way to appeased the victims and their bereaved family. 　　Abolition of the death penalty legally is our country’s goal. In this article, we would discuss that should the death penalty be abolished or not in six different way including International, Humanism, Case, Society, Religion and Law and hope to outline the vision of abolition of the death penalty and to make the suggestion. 　　The research discover is as follows： 1.Death penalty only blames on criminal but ignores the responsibility of society,family and school： 　　Most criminal comes from Underprivileged Groups. They are deeply influenced by social environment and have no enough rational ability to choose to obey the law. 2.To administrate the death penalty should adopt a cautious attitude： 　　Prosecutor’s consideration based on law, they don’t need to consider the human rights conventions for criminal; however, Ministry of Justice needs to consider comprehensively, including the criminal’s right. 3.Crime and penalty are in two different concepts： 　　Penalty can be commuted; however, the dead can't be brought back to life. To abolish the death penalty doesn’t mean not to hold the criminal liable for their crime. It means to get rid of the thinking of life for life, and punish the criminal with other heavy penalty. 4.Miscarriage of justice may cause the innocent person to be executed or Die： 　　Though, there’s no direct relationship between miscarriage of justice and death penalty, but it can’t be deny that there might be the mistake in the judge’s trail and prosecutor’s investigation.