On The Control Of Intentional Homicide For The Death Penalty

China is the world's one of the countries still retain the death penalty. Intentional homicide in the death penalty in China is mainly applicable to the offense, but also the people most concerned about drugs. From the "killer death" to "strictly control the death penalty," the number of intentional homicide decreased the death penalty makes the administration of justice once again facing criticism from the public. Sentenced to death for murder if necessary? Not sentenced to death, how the victims died comfort? Why do some people not to kill the two people be deprived of life, but some people have voluntarily surrendered themselves to kill a person still be sentenced to death? Intentional homicide, the death penalty sentence again and again by the cross-examination.Full total is divided into four parts, a total of twenty words. This paper analyzes the homicide death penalty sentencing status and characteristics. Through the traditional "Sharenchangming" concept and "strictly control the death penalty," the conflict between the criminal policy, the public is difficult to change the concept of death penalty reform in almost an insurmountable difficulties; intentional homicide, this law set to take from heavy to light is set almost makes the death penalty sentencing choice, across the three years in prison to death penalty sentencing range resulted in the broad discretion of judges and the difficulty of the operation; intentional homicide by the lack of normative standards, the case can not reflect the class of cases sentenced to a just, exposed cases in the same class of uneven sentencing, resulting in lack of justice.Second, the discovery of the contradictions and conflicts, based on the analysis of the root causes of conflict intentionally. Deep-seated contradictions between the death culture is subjective reasons, the death culture for thousands of years created a national "killer death" way of thinking, so to judicial purposes to control the death penalty must be step by step, slowly to accept; too sketchy this law is set to cause a conflict of justice, intentional homicide of an existing law, judicial interpretation do not have a more fixed penalty criteria, vague reference led to the final sentence of the conflict, but also makes the penalty deterrent and warning role reduced; crime usually involves the victim, the defendant, the state and other interests of all parties, homicide is the families of the victims, the accused embodiment of the conflict between the interests, and in which countries play an important role in protecting social stability, while not not in the international arena of political leg muscles start game. Once again foreign to the provisions of intentional homicide sentencing be brief.Intentional homicide in the world of law has a relatively complete legal requirements, and some aspects of the subjective distinction between subjective vicious killers, into temporary premeditated murder and sexual homicide; some of the main identity of the killer to provide for the military personnel and other special status be severely dealt with intentional homicide; some of the killings makes a distinction between objects, the blood, civil servants and other factors as aggravating. Foreign law elements of intentional murder aggravating, extenuating circumstances make it clear that both the specification and make the sentence clear, the law expressly provides truly, from the set of legal terms, the local combination of inheritance and legal migration in order to achieve the promotion judicial reform process;Finally, settled in the death of the control of intentional homicide of reform, we should Sentencing standardized, clear of the start of the existing provisions of intentional homicide sentencing proceed, norms of civil conflict, the victims fault, such as subjective vicious acts of death sentence factors, and thus more reasonable to establish sentencing standards, combined with the reform of the penal system, making the death penalty for intentional homicide to be both effective control, and real justice win.