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Research On The Application Of Death

Posted on:2015-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:B A ZhaoFull Text:PDF
GTID:2176330422473188Subject:Law
Abstract/Summary:PDF Full Text Request
Suspended system is characteristic of a penalty system in our country, in theaspect of death penalty applied to cautiously, limit applicable death penalty haveplayed a role, is our country the criminal policy of tempering justice with mercy in thefield of death penalty in our country, the death penalty with a two-year suspension ofexecution is immediate execution methods of two kinds of execution, the applicablecondition are criminals who have committed extremely serious, shall be sentenced todeath.But for the death of applicable conditions extremely serious "crime" and "not"must be executed immediately on both legal and judicial interpretation did not give aspecific provision, the lack of the application of the legal basis, many scholars fromdifferent aspects and angles are given various explanations, enrich the theory ofsuspended system in our country, but still lack of practicability and maneuverability.Inthe suspended death sentence judicial authority also does not have legal explanation isgiven, increased both the victim and the general public mistrust of the suspendedapplicable, judicial organ judicial decisions of credibility and integrity has beenquestioned.In this paper, based on the existing theory of suspended system in ourcountry, contact suspended system in our country, the practice of the suspendedsystem theory put forward its own Suggestions, this article is divided into three parts:The first part of this paper made an overview of suspended system in China, thepaper mainly discusses the origin of the suspended system in our country, the natureof the suspended system definition and legal characteristics, as well as in Chinesecriminal law system of the position, suspended system plays important role in thelimit applicable death penalty.In this paper, the second part analyzes the death of two suitable conditionsextremely serious "crime" and the connotation of "not" must be executed immediately,and understanding the victim and the victim fault in the judicial application of thedeath penalty and suspended applicable important influence, due to the shortage of thesuspended system theory itself, either in the sentence of death or in the execution ofdeath have some disadvantages, the victim party and apply to the death is strongly opposed to the public.This article third part in light of the shortcomings of the suspended system inour country put forward the perfect measures.To correctly understand the system ofsuspended death sentences under the criminal policy of tempering justice with mercy,is to limit applicable death penalty, is not does not apply the death penalty.Shall havethe right to judicial organs to the victim’s fault and understanding into the deathpenalty and the application of the death of the victim, the victim of statecompensation system should be established and at the same time effectively reducesuspended applicable resistance, better protect the interests of the victim and thedefendant, more fully play the role of a suspended system in China.
Keywords/Search Tags:death penalty, suspended tempering, justice with mercy
PDF Full Text Request
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