Empirical Research On Standard Of Death With A Suspension Of Execution

The author paid attention to death with a suspension execution of china because of two cases: the former State Director of Bureau of Food and Drug Administration for accepting bribes 6.498 million yuan Zheng Xiaoyu was sentenced to death penalty, while the former deputy secretary of Yunnan Province for accepting bribes 18.1 million yuan Li Jiating was sentenced to death with a suspension execution. Author searched the verdicts of two cases, then compared and found that :The amount of bribes in Li Jiating case is huge, the amount of bribes in Zheng Xiaoyu case is relatively small; Li Jiating has a legal lighter punishment plot of surrender, Zheng Xiaoyu does not have; Both Li Jiating and Zheng Xiaoyu have a lighter punishment plot of return all the money. In the case that regulation of death with a suspension execution in Chinese criminal law is not clear, what is the specific standard of death with a suspension execution in judge? What is the status and role of lighter punishment plot? What is the difference between legal lighter punishment plot and discretionary lighter punishment plot? Author will start the paper with the questions above and research the standard of death with a suspension execution.To write the paper, the author conducted data collection and collation carefully. The author entered CNKI and found that there are 169 articles published from January 1999 to January 2010, which include keywords "death with a suspension execution", and among the all, there are 27 articles published in core journals. There are two monographs on the death with a suspension execution, including Zhang Zhengxin's book "Chinese Theory and Practice of Death with a Suspension Execution ", and Wang Weiming's book "The Contemporary Value of Death with a Suspension Execution ". There are 1 PHD thesis and 8 graduate's thesis about death with a suspension execution. Academic research on death with a suspension execution focused on the history, concept, nature, function, execution and legislative improvement.While the previous studies have made a lot of research results, Author still have new ideas in the following areas: first, the author uses empirical research methods. Author extracted the 262 death (including death with a suspension execution) cases in the Peking University lawyee database to obtain first-hand information. Second, the author used a lot of statistics, comparison of the data, charts and graphics descriptions of methods in the article to make conclusions more clear. Third, the author drew some new conclusions through the analysis of the data. For example, 59.1% of the defendant sentenced death with a suspension execution has the discretionary lighter punishment plot, 28% of the defendant sentenced death with a suspension execution has legal lighter punishment plot, so discretionary lighter punishment plot have greater impact on the application of death with a suspension execution than legal lighter punishment plot.Apart from the introduction, there are four parts of the paper: The first part introduces the source, era value and the flaws of death with a suspension execution in China. The second part is theory research of standard of death with a suspension execution. According to 48th regulation of criminal law, there are 2 preconditions before application of death with a suspension execution, "should be condemn death penalty" and "executing at once is not necessary ".3 cases of "should be condemn death penalty" are induced from 6 legislation patterns in criminal law and the principal of sentence. Then it is advanced that obtaining lighter punishing plot is the legal principal basis of "executing at once is not necessary ".The third part is the empirical research on standard of death with a suspension execution. Research methods and samples are introduced at first. Then the main situation about application of death with a suspension execution is introduced, which includes the rate of it in death penalty, distribution in criminal law, application of it in various court, district and time. Based on the statistics of specific reasons explained by judge, legal lighter punishment plot, discretionary lighter punishment plot, plot excluding death penalty in minutes of talks are analyzed separately to decide their status and role in judgment of death with a suspension execution. Finally, factors affecting application of death with a suspension execution are analyzed from 3 main criminal types (violent crime, drug crime, embezzlement and bribery crime). The forth part is about other influence factors, such as criminal policy, public opinion, doubtful cases leaving adequate leeway, and high court withdrawal death penalty rechecking authority.