Study On Limited Application Of Death Penalty Through Subject Of Crime

The subject of crime has the meaning of graveness in the penal code. It is a kind of valid path that to limit death penalty through subject of crime. Setting out from investigation China's penal code about limiting death penalty, I investigation apply of provision in abroad penal code about the death penalty restriction through subject of crime too. Researching international convention and our country penal code of related provision.For the sake of the realization through to limit death penalty, and providing for enough of basis of theories that to limit the death penalty, discussing the basis of humanity, the basis of economy, and the basis of purpose and function at penalty, the basis of criminal policy. Explanted the meaning of humanity and how to performance on the death penalty. Argument the basis of economy to restriction death penalty through subject of crime, the basis of economy and the basis of humanity have different meaning, they are the dissimilarity concept that can not be included by each other. The subject of crime apply of the death penalty should reflect the basis of economy. Anglicizing the basis of purpose and function at penalty, which limit the apply of death penalty through subject of crime, if the special subject of crime can be sentenced to death, it will appear the phenomenon that special prevention exceed the limitation which should be, and the phenomenon that general prevention will get shortage also be appeared, it is difficult to become true the penalty's function of pacify, and it will probably cause the result that people distrusts criminal law. Investigation the basis of criminal policy that the death penalty from layer never together. The basis of limiting the apply of death penalty can be varied general criminal policy of the death penalty, specialized criminal policy of the death penalty, basically criminal policy of the death penalty and special criminal policy of the death penalty.The restriction of paths to death penalty through subject of crime from lawmaking can adopt two kinds, one is the mode of opposite doctrine, and the other is the mode of absolute doctrine. From angel of the age to limit death penalty, I think, for people who the age is above 70 anniversaries should expel to apply death penalty. For people who implement crimes are teenager, and if he/she is only sons or daughters belong to his/her parents, he/she should not be penalized death penalty. The women who pregnancy should be forbidden to apply death penalty acorrding to criminal law. If restriction death penalty is from the angel of the intelligence, for this people who the spirit consume weak and weak-minded when they implement crimes, it is forbid to sentence to death for this people, because their ability of behavior have been weaken, and "with continuously evolve of dignity of international standard obvious of antinomy". The person who implement crimes is deaf and dumb or blind, also should be forbidden to apply death penalty. If the criminal offense is drunk with wine, in consideration the purpose of penalty, the subjective fault of behavior and the want of criminal policy, it should be careful while applying death penalty.