The Study On The Sentencing Plot Restrict The Application Of The Violent Death Penalty

Violent crimes, especially murder, intentional injury, robbery, rape and other serious violent crimes, are serious threats to social stability and national security, and they have been hit at all times. Related to the history and mutual relations of crime and punishment, violent crime and the death penalty are a natural fit. However, nowadays, death penalty system is facing unprecedented challenges and questions. There are198countries in the world, and at the end of2012,140countries have abolished or completely abolished the death penalty and many international conventions and international organizations also strongly appeal to the countries which retain the death penalty countries to abolish the death penalty as soon as possible. Abolition of the death penalty, especially violent crime death penalty is not only a purely legal question, but also is a political choice to overcome the strong pressure of public opinion. Nowadays, some large countries, such as China, the United States, Japan and other countries still retain the death penalty.Violent crime, especially multiple fatal violent crime is one of the reasons that these countries retain the death penalty. However, related to the data of different countries in different periods, the number of violent crimes has no significant increase in the number of violent crimes after the abolition or the strict control of application of death penalty, and in some countries the number of violent crime even decline. In our country, the main violent crime statistics in nearly10years also shows the number of violent crimes has declined when the right to review of death sentences is reverted to the Supreme Court and the number of violent death crime declines. This makes us to think that whether the death penalty is the most effective means to overcome violent crime.In our country, in the view of the death penalty, the mainstream theory is to abolish it as soon as possible, China's official policy is "to retain the death penalty, control it strictly and apply it carefully" But related to the investigation of the death penalty concept of common people in our country in recent years, most of the people support the death penalty and they fight against the abolition of the death penalty, especially the abolition of violent crime death penalty. Based on national conditions, it is unreality to abolish the death penalty in our country.But related to the status of the investigation of the death penalty in today's world, the abolition of the death penalty is international trends and historical trend, In the world more than seventy percent of the countries have already abolished the death penalty, and even if the powerful countries which reserve the death penalty, execute death penalty rarely. Our country is recognized as the country which has the largest number of the execution of the death penalty and the death penalty policy in our country is faced with great pressure and challenge. Along with the development of domestic and international situation, China's official policy of the death penalty also have had significant changes. In2007the power of the death penalty review had been sent back to the Supreme People's Court, the Criminal Law Amendment (Eight) abolished the13nonviolent crime death penalty on the legislation in2011. the Decision about Certain Major Issues of the Communist Party of China which was passed through in the third plenary session of the eighteenth in2013, put forward to improve the system of judicial protection of human rights comprehensively and reduce the application of death penalty gradually.All of these things show that the reduce and limit of death penalty application in our country already have had a policy and legal protection.There are two ways to limit application of the death penalty, legislative restriction and judicial restriction. Legislative restriction is to reduce the number of death crimes in the legislation, which is the most direct and most effective way to limit the death penalty, but the reduction of death crimes, especially violent death crimes in legislation, is restricted by various factors and cannot reach a social consensus within short time; judicial restriction is to reduce the application of death penalty in the judicial process through legal means. We must find a breakthrough point to implement the judicial restrictions. Undoubtedly sentencing plot is the point, because sentencing plot is the basis of penalty and in specific cases, we can achieve the fairness and justice of penalty by applying specific sentencing plot. For violent crime, the correct identification and the application of the sentencing plot has a special significance, as it relates to the application of the death penalty, so the study of the role that the sentencing plot played in restricting application of violent death penalty, not only helps expand the level and field of the theoretical study of the death system, but also provides judicial practice with theoretical guidance and reference. This article is based on this to study the issue of the judicial restrictive application of violent crime.This paper is divided into five chapters, including the following:The first chapter,"the overview of the sentencing plot and the restrictive application of violent death penalty", this part mainly defines the concept of the sentencing plot and violent crime in the view of law, and the significance of sentencing plot in restricting the application of violent death penalty. It means that we must exert the action of the sentencing plot in restricting death application to achieve the purpose of controlling violent death crime by judicial means and we have to control the death penalty by summarizing the judicial experience and promoting the legislation gradually.The second chapter,"the statutory sentencing plot and the restrictive application of the violent death crime", this part mainly studies the significance of the statutory sentencing plot in restricting the application of the violent death crime, and we should exert the positive role and reduce the negative role of the statutory sentencing plot in restricting the application of the violent death crime.Meanwhile,we should add relevant regulations about the special subject in the Criminal Code to exert the role of the special subject in restricting the application of violent death penalty. This chapter focuses on these types of statutory sentencing plot, such as surrendering, confessing, recidivism, minors, the elderly, the mental patients, and combines with specific cases to illustrate how to identify these sentencing plots and how to exert the role of these plots in restricting the application of violent death penalty, and find the existing problems.Chapter3,"the discretionary sentencing plot and the restrictive application of the violent death crime", based on defining the concept and the extent of the discretionary sentencing plot, this part mainly studies the status and the significance of the discretionary sentencing plot in restricting the application of the violent death penalty. This chapter focuses on these types of discretionary sentencing plots,such as the fault of the victim,the motive for the crime, criminal means,criminal results,civil liability and illustrates the role these plots played in restricting the application of violent death penalty, and find problems need to be improved.Chapter4,"sentencing plot in common criminal cases and the restrictive application of death penalty", this part mainly studies how the sentencing plot to restrict the application of death penalty in common criminal cases. Our Criminal Law divides the co-perpetrators into principal, accomplice, instigator and accomplice under duress, which is not only a common offender classification, but also is the sentencing plot in sentencing process. In common crimes, the death penalty only applies to "the worst culprits of guilt." This chapter illustrates how to accurately define "the worst culprits of guilt" and restrictive death penalty by combing with specific cases and selecting the crimes of incitement to murder, which is the most Chapter5,"the thinking and improvement about how sentencing plot to restrict violent death penalty". This part mainly studies how to exert the role of sentencing plot in restricting the application of violent death penalty and proposes that we should improve the existing legislative and judicial regulations to solve the legislative and judicial problems, such as the vague standards of death penalty application, the broad range of death penalty objects,the lack of the regulations which are about the common criminal death charges.