The Analysis Of A Case About Zhang Intentional Homicide

Controlled trial principle of separation as the guiding principle of adjust the relations between complaints function and trial functions, the judiciary should adhere to the control and trial separately, but in the judicial practice, there are many such cases, follow the principle, just because the complaint authority allegations of error which led to the applicable law on judicial error, conviction error and sentencing error specifically. At the same time, in the judicial practice, there have real existences that judicial authority to change the complaint. In order to better resolve this issue, I will be in-depth analysis and research the content and value of the principle and through the analysis of the case, hoping to better improve the principle.Impartial Judicature as the last line of defense to protect the fairness and justice,it's the last one relief measures to safeguard people's legitimate rights and interests and protect the fundamental rights of citizens. Justice is justice or not is the most critical component, it's related to people's legitimate rights and interests can be safeguarded or not and the fundamental rights of citizens can be safeguarded or not. Whether the civilian population or these are already against the law, both have send expectations to it. Criminal Justice Discretion is an important component of judicial power, has great significance for the implementation of the criminal law, its powers and functions throughout the entire process of criminal justice.Based on the above, this article right after an instance, which was first remand and retrial of the death penalty commuted to death with reprieve, based on all stages of the case analyze, evaluation and comparison, from a legal point of view analyze it reflects the legal aspects. And on this basis, try to deep-level mining and analysis. The issues involved are:the collection of evidence, the case of the qualitative, the application of the death penalty, the immediate implementation of the boundaries between the death penalty and reprieve, the judge's discretion and its norms, public interest litigation system structure. This paper argues that the uncertainty of Legal Sentence of the criminal law decide the judge discretion must exist, the existence of the discretion of the judge and it's the necessary requirements to take the initiative for the judge, but a criminal trial judge must be based on facts of the case which have been identified to applicable law, and implement the country "less favorable relative to economic," "less cautious kill kill" the criminal policy and the spirit of the Supreme Court a few minutes, so it should be regulated and controlled the discretion of judges to prevent too much discretion and be abused. The discretion of the judge is not only a simple issue of legal provisions, but also an important theoretical issue involves the activities of the main body of criminal justice. It's has a great impact in the field of criminal justice, no doubt it is the solution for improving the level of criminal justice in our country, build a fair criminal justice system, are of great theoretical significance and practical significance.