2011 Fiscal Year Final Research Report
A Historical and Criminal Study on the Death Penalty in China
| Project/Area Number |
21530063
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Hitotsubashi University |
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Principal Investigator |
WANG Yunhai 一橋大学, 大学院・法学研究科, 教授 (30240568)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 死刑 / 中国の死刑 / 死刑の歴史性 / 死刑の現代性 / 即時執行死刑 / 2年執行猶予つき死刑 / 儒家 / 法家 |
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| Research Abstract |
In this study the situation that China has used death penalty mostly in the world has been analyzed deeply both from a historical perspective and criminal perspective. Its conclusion is as following : China is a society that can be called as" State Power-based Society", the death penalty's policy and system there is also determined basically by the state power as a political ruling problem, rather than a legal criminal problem. This political characteristic is the key point to understand the death penalty in China.
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