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The death penalty, or said the capital punishment calls the death penalty, is born from the criminal law from the very beginning, the death penalty took in the penalty system also is in the human history the most ancient penalty, deprives the criminal offender life severest penalty. Disputed for more than 200 years regarding the death penalty appraisal. Because just it severely enough to can deprive human's life, therefore saves the waste dispute about the death penalty also not to stop. Now in the world some countries abolished the death penalty, some countries were still retaining the death penalty. China had been through repeatedly the millennium, the death penalty also follows always is continuing today, the ancient times death penalty is extremely brutal from ancient times till now, also had the considerable progress along with the civilized development death penalty. Our country from the present politics, the economy embarks actually, retains the death penalty in the prese