Study On The Death Penalty Application Of Manslaughter From The Perspective Of Legal Interest Theory Of Criminal Law

The criminal law at the provisions of article232, Deliberate killing, Death, life imprisonment or ten years of fixed-term imprisonment; Offenses three years and more than ten years of fixed-term imprisonment. The criminal law provisions of article 48, The death penalty is only applicable to criminals. the most heinous crimes. For criminals, shall be sentenced to death, If not immediately execute, Can be sentenced to death at the same time declared with a two-year reprieve. China's criminal law at the back of the provisions of article232 of the defendant, deliberately, Consider first the death penalty is applicable. But china's criminal law provisions of article 48 the most heinous crimes "have no explicit standards, Of the accused man of capital punishment, The theoretical direction of the criminal law was particularly important。Our purpose of the death penalty for murder had since 1983 when the third"" lead to the death penalty is applicable to the severity, To 2007 the supreme people's court to take back the death penalty Repeated checking the right to this day and caused the death penalty for a broad process. Recalling its root causes and social harm theory of the political, hollow theory, Social harm is not notes theory of the exclusive concept, It has its own political theory, a professional manner. This theory we use and analyze the theory of social dangers of the problem with our views on the death penalty for murder just the judicial practice the problems.Use the theoretical direction and build our country to the death penalty for murder on the specific principles:National judicial organs on the death penalty for murder in the judicial practice, Is not only the victim and the conflict and the terminator is the coordinator, National jurisdiction of the mission from country to the realization of cognition, the maintenance of the authority has to take the social conflicts and disputes mediation Calm down, to embody thoughts and protection to ensure that the victim and the balance of interests. On the one hand, the victim is willing to compromise with the accused, the national judicial organs should be part of the assignment to the victims of torture, the victim to the assignment of cognition, armed with the negotiations and reach a settlement, for the interests of the sanctions. For the sentence shall be sentenced to death because of the mercy of the victim may be sentenced to life imprisonment, or Suspended death sentences。And a best results and the defendant and the victim and the state, society between the interests of a balance.his germinal. On the other hand, the victim refused to forgive the accused of crime, National judicial organs should stress that the views of the victims and listen to and respected, To be the victim of the law and criminal policy limits of the maximum and Especially for trying to murder the facts are clear, indeed, the evidence fully, The victim is not clearly wrong, the defendant is no law should be given the circumstances, In such a death penalty for murder case, should be resolutely condemned to death. In any case, Back to the defendant and the victim and the state, society between a balance of interests。In short, according to realities, at the national judicial organs of the chair and led the victim and the defendant and the state and social interests are best, in the interests of the quantity and quality, balance the interests of compromise and achieve a balance between needs and coordination。The first part deals with the social dangers of our theoretical, the status quo and in the theory of the next to the death penalty for murder of the judicial practice, and rethink our social harm theory and harm social theory point out our guidance to the death penalty for murder just the problem. The second part of the review and concepts in the history of The interests of review is also in the solution concept and development process and we understand and theoretical. The third part in the country and concept of the definition, the established principles and concepts. And social harm theory under the guidance of "dual structure and mode for rethinking the relationship between criminal law", should be the dominant mode of state "dual structure of the criminal matter to the state, society, the victim. the defendants' attention to the state and society, the victim and the interests of the" model "pluralistic structure. From and with the theory of national task, and the theory and criminal justice, and the theory and criminal justice functions of three aspects:theory and standardized to murder. the guidance of The fourth part of the first to introduce the impact, the victim of evidence from the united states supreme court held that the victim of the system to be unconstitutional on the evidence, the system of recognition and the system limits. The theory on the ground from under the guidance, our current principles and use of capital punishment in accordance with the respect for and protection of victims of criminal and Reconciliation rights and in accordance with the utmost to satisfy the victim's right to be reached between needs and of compromise.