On Principle Of Sentencing To Death Under The Goal Of Decreasing The Number Of Death Penalty

It is well known that the charge of death penalty and death penalty's number is big in China.Most of the common people still support death penalty in our country, under the circumstances of abolishing death penalty in most of other countries, we should establish the policy limiting death penalty strictly and decreasing the number of death penalty gradually which is agreed by scholars and practicing branches. It is a firm signal and practical measure that the Supreme Court withdrawn the judicial power of approval authority of death penalty cases from Jan1, 2007. Therefore, how to bring the policy into effect through concrete standard and stringent procedure becomes an urgent task. The article tries to find the specific method to solve it. The standard should be concrete which mainly including several crimes that sentenced more death penalties; on the other hand , the standard should be conformed to current situation and also the future which is difficult and also is important;the procedure should be just in order to guarantee the quality of death penalty cases and realize the unifying of punishing crimes and protecting the people .This theme includes six parts. The first chapter analyzes the importance of decreasing the number of death penalty in judicial practice under establishing the policy limiting death penalty strictly .Our death penalty's policy goes through a complicated evolution and reflects the tendency to the policy limiting death penalty strictly at present.The problems in judicial practice results in too much death penalties.So restricting death penalty strictly in judicial practice is the crux to change it. The second chapter inquires into the basic standard of the death penalty's application. According to the international document's provision and other countries'standard ,the author tries to make the gross standard"extremely heavy crime"clear ,then summarizes the particular conditions of suspension of execution including several important aspects about it. The third chapter analyzes several elements that influences death penalty's application such as victim's forgiveness and victim's fault and advocates that several special person should not be sentenced to death. The forth chapter probes into the particular standard of the death penalty of crimes of infringing upon human body.The application of death penalty to this crime is based on the satisfaction of revenge of human beings,therefore the standard of the death penalty should be based on the death result. The fifth chapter probes into the particular standard of the death penalty of crimes of non-infringing upon human body. The application of death penalty to this crime is based on the demonds of deterrence.The standard of the death penalty should be established on the pattern of the number and the result. The last chapter mainly analyzes how to construct due process for death penalty from ten aspects such evidence,procedure of second instance,voting mechanism and reopening of a case of death in connection with the prominent problems in order to bring due process into full play the role of lessen the death penalty application.