During the two-year period of suspension of execution, if the convicted person does not commit a crime intentionally, after two years, the death penalty shall be replaced by life imprisonment; if the convicted person shows signs of repentance and meritorious deeds, after two years the death penalty may be replaced by a 20-year fixed-term imprisonment; if there is substantial evidence that the convicted person intentionally committed a new crime, then upon approval of the Supreme People's Court, the death sentence shall be carried out (Article 50 of the Criminal Law of the People's Republic of China) [72, p. 168].
In addition, if in the near future the revised Penal Code has specific provisions on life imprisonment without parole, it is possible to consider removing some components that have provisions on the death penalty as a stepping stone towards the complete abolition of the death penalty in the future when our country's socio-economic conditions basically become a developed industrial country.
3.2.2. Some legal solutions on economic and social aspects
Through research on the theoretical basis and the reality of the application of the death penalty in our country as well as in the world, we realize that the death penalty in the Criminal Code is not entirely the optimal solution, but simply comes from the socio-economic conditions in different historical periods, leading to different legal awareness at that time. In Vietnam or any country in the world, the socio-economic issue is always one of the most important conditions. When the socio-economy develops, people's legal awareness will be raised. Therefore, legal policies must be adjusted to suit reality. If we have a reasonable legal policy, it will promote socio-economic development, and when the socio-economy develops, the crime situation will be less complicated. Because when the economy develops, the state will have much tighter and more effective social management measures. Therefore, the solution to develop
Socio-economic development creates more jobs, increases legitimate income will certainly reduce crime. This is a very practical problem, as a series of European and American countries are proof. Therefore, the socio-economic development solution that the author wants to mention and hopes for here is "Create good jobs so that people can only focus on legitimate economic development" . Crime will certainly decrease significantly, if any, it can be applied by economic measures.
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3.2.3. Some educational solutions
Education is an optimal solution, it is the root of all problems, if a country has a good education, the socio-economy will develop, people will live friendly, all behaviors will be carefully considered. In fact, in our country, the Party and the State always pay attention to education policy, however, this education is not simply about teaching culture, we must combine the curriculum at school with learning culture and integrating teaching about ethics and cultural behavior, teaching about good customs and good cultural identities, about the tradition of humanity and tolerance that has existed for thousands of years so that students can perceive it right from when they are in school; must combine school and family in education work, because the family is the cell, the foundation of society..., only then can efficiency be improved. In summary, with some of the above proposals, if we know how to combine them harmoniously, it will bring great effectiveness in crime prevention and reduce the application of the death penalty.
CONCLUDE
Through the thesis research, we can draw some conclusions as follows:
Firstly, through research, we have grasped " Some basic issues to reduce and move towards eliminating the death penalty in the Vietnamese Criminal Law" , seeing the extremely important necessity in providing in-depth scientific analysis to generalize about the death penalty, thereby having an objective view on the argument for abolishing the death penalty or maintaining the death penalty. This is a hotly debated issue in the world that has been going on for a long time (since the 17th century), but for our country, this issue has only been mentioned in recent years and is currently being discussed by many jurists and society.
It can be said that the death penalty appeared in the world since ancient times, it was used by rulers to oppress the people, to protect their status and class according to the circumstances of each country. Through research, we see that when the state appeared, especially the feudal state, the death penalty in the world was widely applied, barbaric, cruel. But when society developed, the role of the individual in society was increasingly valued, the death penalty became a hotly debated topic among politicians as well as theorists. Two opposing views appeared, which were: abolishing the death penalty or maintaining the death penalty. Each view had its own arguments and practical basis to prove its point of view. However, after a long period of debate, when the economy and society of countries in the world developed, especially countries in Europe and America, the views on abolishing the death penalty were accepted.
In our country, the death penalty was also prescribed very early in the feudal regime. Although its application was widespread, it has also partly shown
partial tolerance of the feudal state towards some subjects as mentioned in the Hong Duc Code. When our country gained independence, the provisions on the death penalty in the Penal Code were still prescribed to suit the conditions and circumstances of the country when it first gained independence, but when the economy and society increasingly developed, our State amended it in the direction of reducing the application of the death penalty, especially in the period of economic renovation, our country has achieved significant achievements, the economy and society have developed, our Party and State have paid more attention to this issue. Specifically, Resolution 49-NQ/TW dated June 2, 2005 of the Politburo on the judicial reform strategy until 2020 pointed out:
It is necessary to perfect criminal policies and laws, ensure transparency, respect and protection of human rights; attach importance to perfecting criminal policies and judicial proceedings, promote preventive effectiveness and benevolence in handling criminals; Limit the application of the death penalty to only a few types of particularly serious crimes [8, p. 2].
This is a correct policy that demonstrates the humane tolerance of our Party and State.
Second, on the basis of the research, it has pointed out the existing and inadequate points of the death penalty in positive law, and at the same time, proposed some suggestive explanations to find alternative measures to apply the death penalty (life imprisonment, no reduction of sentence) to create conditions for criminals to have a chance to live, have a chance to make merit to atone for their crimes, and overcome the consequences.
Third, it has pointed out the subjects and scopes in which the death penalty is not applied, and at the same time given reasonable explanations in accordance with the trend of the times, in accordance with the development situation of the country in the present time and the following years. In addition, on the basis of research on the subjects and scopes
Not applying the death penalty also analyzed quite deeply the existing limitations to prove that if the death penalty is not abolished for some crimes, the law will inadvertently provide formalistic, overlapping provisions, not ensuring the principle of differentiation of criminal responsibility for some cases..., leading to us not being able to narrow down the application of the death penalty according to the spirit of Resolution 49-NQ/TW dated June 2, 2005 of the Politburo on the strategy of judicial reform until 2020.
Fourth, with the research, assessment, and general analysis of the current situation of the application of the death penalty in our country, although it has decreased, compared to other countries in the world, we still apply it a lot. Meanwhile, the abolition of this penalty is an inevitable trend. Therefore, as our country's socio-economy develops, people's awareness and social awareness also change in a positive direction, and awareness of law enforcement is increasingly enhanced. Therefore, in order to conform to the trend of international integration, we propose some basic solutions to reduce and eventually eliminate the death penalty at present and in the future, which is completely appropriate. In the immediate future, we will abolish some crimes, leaving only a few types of particularly serious crimes or cases that are really necessary. When our economy develops to a high level (industrialization, modernization in the direction of socialism), then social awareness and awareness of law enforcement will be high, and the complete abolition of the death penalty will be realized in the following years.
Fifth, from the analysis and evaluation in Chapter 1 and Chapter 2, the author boldly proposed some legislative solutions in Chapter 3 to reduce and eventually eliminate the death penalty in the Vietnamese Criminal Code for a number of articles and clauses related to the death penalty in both the general part and the part of crimes in the current Criminal Code. Thus, according to the proposal of this thesis
In addition to the restriction (not applying the death penalty to certain subjects) mentioned in Article 35 of the current Penal Code and (Article 40 of the newly passed 2015 Penal Code) as above, in the crime section, the author also proposed to remove 12 Articles corresponding to 13 elements that stipulate the death penalty. Therefore, it is hoped that in the near future, if the National Assembly passes the amended and supplemented Law, there will be only 10 Articles and corresponding to 10 elements of crime that stipulate the death penalty. This narrowing of the death penalty is a stepping stone towards the abolition of the death penalty in the future (about 20 to 30 years later) when our country becomes a developed industrial country. "Industrialization and modernization of socialism" is an inevitable trend of the times./.
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