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A Study On The Judicial Restriction Of Death Penalty In Robbery

Posted on:2015-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2176330422473177Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China’s "Criminal Law" provisions of the robbery of eight kinds of aggravatingcircumstances linked to the death penalty, judicial practice of the eight kinds ofsituations identified high priority on several occasions to judicial interpretation,judicial explanatory document to be interpreted. Theorists have repeatedly legislativepurpose, the principle of legality as the basis of the eight kinds of scenarios werediscussed. Academia to explore related issues, has yielded fruitful results. However,robbery is still considered controversial and there are many questions. Therefore, thisarticle from the physical aspects of robbery by some of the plot finds depth robberydeath penalty judicial control.This paper is divided into five chapters: the Crime of Robbery commonnecessity and feasibility of limiting the death penalty, robbery and death ofconstituent elements identified limitations, robbery and death consummatedstandards identified constraints limit the death penalty robbery, robbery in identifiedwith the death penalty sentencing restrictions.Chapter1: the abolition of capital punishment by international and domestictrends restrictions comparison, the three-step analysis of the abolition of the deathpenalty in China’s current proposed abolition of restrictions on the feasibility of roaddeath, robbery and positioning solutions through physical limitations to investigaterobbery death judicial restrictions.Chapter2: Elements robbery identified with the death penalty restrictions.Constitute the crime of punishment to determine the legislative and judicialpunishment in the declaration. Therefore, an accurate understanding of these eightscenarios apply the death penalty for robbery plays a key role. Through the eightkinds of aggravating circumstances in this chapter to limit interpretation to achievethe goal of limiting the death penalty.Chapter3: Robbery Accomplished standards identified with the death penaltyrestrictions. In judicial practice, whether consummated or in the criminal theories,robbery that standard exists widespread controversy. In order to unify the judiciary, strictly applies the death penalty for robbery target, it is necessary to robberyAccomplished standard depth judgments. This chapter focuses on the ordinaryrobbery, aggravated robbery and consummated found guilty of the death penaltyrestrictions transformed robbery were discussed.Chapter4: Identification of common crime of robbery and death restrictions.Common crime is more complex in the conviction and sentencing, the study ofcommon crime of robbery, aggravated robbery and common crime committed,common crime transformed robbery, robbery accomplice main distinction betweencommon crime, the death penalty for robbery limit is important.Chapter5: Robbery identified with the death penalty in sentencing restrictions.Sentencing has great significance for the death penalty restrictions, chapter byrobbery statutory sentencing (recidivism, surrender, meritorious, frankly) anddiscretionary sentencing (defendant made the victim of understanding, thedefendant compensation) in-depth analysis.
Keywords/Search Tags:aggravated robbery, accomplished robbery, joint crimes, discretionary sentencing, death penalty, judicial restriction
PDF Full Text Request
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