The Empirical Study On Sentencing Circumstances Of Death Penalty Cases

The death penalty is a punishment by deprivation of life, which is constituted for punishing the most serious crime. Most countries have already abolished the death penalty, which is not applied to other preserved ones. According to the current national conditions of our country, because of lack of the conditions of abolishing the death penalty, it is a appropriate choice to limit the application of capital punishment strictly, on the premise of preserving the death penalty, for following the developmental tendency of the death penalty, and the international trend of abolishing the death penalty.In the application of the death penalty, it is necessary to reflect the true legislative intent and spirit of criminal policy, the meaning of strict interpretation of the law, could not by means of judicial interpretation to expand the application of the death penalty. The rule of law in modern society, we should abandon the idea of punitive measures to strictly enforce the "kill fewer, kill carefully" policy of the death penalty, from the multi-faceted, multi-angle on the Prevention of Crime, done in advance to prevent and reduce the incidence of malignant cases. We must fully understand the original intent of criminal policy, and its the guidance fully into account the circumstances of the important role of the sentence of extenuating circumstances, there is statutory or discretionary sentencing circumstances be treated with leniency cases, the realization of the legitimate rights of the accused, the adequately protected. Members of the judiciary in practice the death penalty cases should be based on criminal policy and the spirit of the legislation in light of specific circumstances of the sentence to grasp. Attention should be paid to the statutory sentencing both cases, we must look at the various types of discretionary circumstances, to avoid the occurrence of abuse of the death penalty. Therefore, in order to objectively measure the size of a person guilty, the penalty to achieve a balance, it is necessary to establish a scientific and rational sentencing system, the role of great importance to the circumstances of the sentence, control the number of death penalty cases, reducing the immediate implementation of the death penalty cases.For protecting the Human rights and limiting the application of the capital punishment, China has already implemented the criminal policies of "combination of severity and extensity" and "kill less criminals with cautious attitude". Since the right of approving the death penalty was retracted by Supreme People's Court. The session work of the second instance case of death penalty is developing thoroughly. The number of immediate execution cases of death penalty sentensed by the court has declined to a great extent for these three years, and the number of second instance cases and the reprieve or remand for retrial changed in the procedure for review of death penalty is increasing graduately, which is of importance to the application of capital punishment. However, during the process of handling the death penalty case, the views of the personnel are discordant, including comprehension and exercise of the legal concerning measurement, determination of the measurement plot and comprehension of measurement influence. Application judgements depend on experience of respective judge and value orientation of measurement application, so inappropriate operability and unbalanced measurement will appear because of the discretionary power of the judge. The plot of the immediate execution of death penalty and reprieve to measure will be analyzed concretely in this paper, under the guidance of the criminal policy of "combination of severity and extensity".There are three chapters in this paper, including legal regulations of death penalty and demand of criminal policy, considering plot applied to immediate execution of death penalty, the accordance applied to death reprieve.There are three parts in the first chapter. Part one, this paper mainly discourses the general principles and specific provisions of national criminal law, concerning general legal rules of death penalty; and emphatically analyzes the meaning of "serious offences"—precondition of death penalty. Whether the legal case is judged as "serious offences" depends on social harmfulness of the actor, illegitimacy of penalty and punitive of being penalized. The rationalization of death penalty defined by specific provisions of criminal law is discussed. overmuch judgment of death penalty will violate the development principles of the society, so the number of death penalty of non-violent crimes and property-related crimes should be reduced.Part two, discretionary circumstances of sentencing having great influences on the application of death penalty will be mainly analyzed in this paper. Because discretionary circumstances generally exists in criminal cases, it will be more applicable than statutory circumstances of sentencing. Discretionary circumstances of sentencing is basic circumstances of sentencing, which is determinant and plays a leading role in criminal measurement. For limiting the application of death penalty, it is necessary to reflect the influence of discretionary circumstances to application of death penalty.There are two parts in Chapter two. Part one, the paper will analyze the ground applied in immediate conduct of death penalty. That is ,serious criminal results, wretched criminal plot, malicious motive, causing the danger of life, furious civil response, stronge demand of victim relatives on sentencing the death penalty of accused person could embody the accused person's plot of "severe crime".Part two, this paper will discuss the crime of sentencing immediate conduct of death penalty, including intentional killing, robbery, smuggling drugs. Intentional killing is a crime for depriving others' lives, which is the most serious violent crime, so the death penalty will become priority punishment. However, the application of death penalty in robbery depends on whether the victim is dead or not. For smuggling drugs, the standard applicable to immediate conduct of death penalty is the quantity of drugs.There are three parts in Chapter three. Part One, this paper will mainly analyze the legal standard applicable to death reprieve—the concrete meaning of "No need to conduct immediately". When there is no need to reflect the justice by immediate conduct of death penalty, and could satisfy the utilitarian needs of social order maintenance, the realistic urgency applicable to immediate conduct of death penalty would be depressed, therefore, the death reprieve could be applied.Part two, the effect of death reprieve application would be mainly analyzed in the paper. Enlarging the application of death reprieve is propitious for maintaining social stability , for fully protecting the legitimate rights of the accused person, for limiting the application of immediate conduct of death penalty.Part three, this paper will thoroughly analyze the sentencing circumstances applicable to death reprieve. The cases could be applied to death reprieve in the circumstances of reducing the punishment by legal and discretionary judgement ,when the accused person expresses penitence, when his subjective motive is not very malicious, when the conduct does not cause the very danger state of life, or when the victim forgive the accused person, etc..