2016年9月8日木曜日

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Nonetheless, my analysis above suggests that certain penal reformers, scholars and liberal-oriented practitioners alike too often and too readily accept the supposedly benevolent and effective promises of the suspended death sentences and base their policy advocacy on these assumptions (Ma, 1999 and Zhang and Huang, 2004).

 In contrast with the existing literature which focuses on the positive side of the suspended death sentence regime, this article takes a different approach.

 Last, and most importantly, this article investigates the administration of the suspended death sentence regime beyond legislative or court-room sentencing process, an area currently receiving insufficient critical theorization and empirical investigation.

 The legislative formulation and judicial use of the suspended death sentences, as well as a realistic assessment of possible implications of new penal trends on the rights of those facing harsh penal sanctions are in much need of investigation. 

Nonetheless, my analysis above suggests that certain penal reformers, scholars and liberal-oriented practitioners alike too often and too readily accept the supposedly benevolent and effective promises of the suspended death sentences and base their policy advocacy on these assumptions (Ma, 1999 and Zhang and Huang, 2004).

Since 2007, the Chinese judicial authorities have implemented a top-down capital punishment reform in order to reduce the number of death sentences, as well as to enhance due process safeguards in capital proceedings.

Sobering thoughts are crucial for a country seeking to embrace the concepts of the rule of law and respect for human rights. 

30 China's suspended death penalty regime, in the context of the recent capital punishment reform, has developed to a stage of being unduly complicated and confusing. 

The legislative formulation and judicial use of the suspended death sentences, as well as a realistic assessment of possible implications of new penal trends on the rights of those facing harsh penal sanctions are in much need of investigation. 

and it retains both the condemnation connotations of the death penalty and the incapacitation function of life and fix-term imprisonments.

The last section deals with revocation and commutation issues following the court-room sentencing process.

 This penal sanction has been given acclaim by legal reformers, policy makers, scholars and civil society advocates alike (Chen, 2004).
この刑事的制裁は法的改革、政策立案者たち、学者たちや市民社会支持者(チェン、2004)から高い評価を受けている。

 The legislative formulation and judicial use of the suspended death sentences, as well as a realistic assessment of possible implications of new penal trends on the rights of those facing harsh penal sanctions are in much need of investigation. This article will contribute to the existing literature, not merely by revealing the pros and cons of the suspended death sentence regime per se, but by offering rethinking of how and to what extent it should be further promoted.

  Admittedly, the important role the suspended death penalty played in downsizing the volume of capital sentences during the past decade can never be overestimated..
確かに、死刑の一時停止が過去十年間の間に資本主義的文章の体積の小型化に果たした重要な役割を過大評価することはできない。

the best alternative penal mechanism for a shift away from execution’ (Johnson and Zimring, 2009: 284) and ‘an almost perfectly double-sided response to the need for an alternative to the death penalty.

The last section deals with revocation and commutation issues following the court-room sentencing process. 
最後のセクションでは、裁判の量刑過程に基づく失効と転流の問題を扱っている。





It is the hope that the article will inspire further empirical exploration on this topic of great theoretical and policy import.
この記事は、偉大な理論と政策輸入に関するこのトピックに対する更なる経験的探究を奨励することを目標としている。

1 件のコメント:

  1. 理論と政策輸入 >>
    理論と政策上とても重要な
    (import = importance)

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