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Based on Taiwan ’s recognition and adoption of the two covenants in 2009, the two covenants were formally domestically legalized and became the relevant plain text of human rights protection in Taiwan. Among the many human rights protection issues, the most controversial issue is the death penalty. Regarding the abolition of the death penalty, this article will take: 1. The sociological point of view of law; 2. The basic theoretical point of view of punishment; 3. The relevant experience of practice and the professional opinions of practitioners. From these three points, we will discuss whether Taiwan should catch up with this. The trend of the world? Are there any differences in thinking and legal basis between Taiwan and foreign countries? Finally, the most important thing is to try to explore whether the death penalty really has the benefit of preventing crime, if not, what kind of penalty should be replaced? Out of the traditional thinking of "using heavy code to control the chaotic world", Taiwan has been stuck in the death penalty for a long time. However, this study believes that the death penalty is irreversible, and the existence of the death penalty does not substantially change the existing criminal situation. As an alternative to the death penalty policy, it meets the needs of human rights protection while achieving the effects of general and special prevention. In the event of failure to move towards a true abolition policy, in addition to actively exploring and researching and seeking appropriate alternatives to strengthen the understanding of the victim’s family’s intentions for punishment, the criminal perpetrators should be given punishment for crimes that are in line with humanitarian crimes. If the criminal law cannot be modified in a short period of time, it may be possible to think about keeping the death penalty and not use it. After the death sentence is judged in the third instance, the execution time will be extended to several years as a way to solve the current controversial arguments.
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