A Study On The Rationalization Of Intentional Homicide

In our country, intentional homicide offenders are often classified as "heinous" ranks, intentional homicide, the defendant is "crime can not be forgiven". Based on this, the crime of intentional homicide in our country is often faced with a heavier penalty. However, as a kind of punishment by law, the existence of penalty must have sufficient basis. For the application of the death penalty is the most concentrated of intentional homicide, sentencing to the defendant’s human rights protection, if the sentence is not reasonable, not only cannot heal the pain suffered by the victim and the defendant is likely to suffer unreasonable punishment. Therefore, compared with other crimes, the crime of intentional homicide should find the reasonable basis for the application of punishment.With small view, looking for the specific case of the crime of intentional homicide, the reasonable basis for the application of punishment, in fact, is looking for the justification of the penalty. The justification of punishment basis has been argued by scholars from earlier on retribution for basis of absolutism, to later to prevent the purpose of relativism, in fact, are from different dimensions of justification of punishment to explore. But regardless of is to uphold the absolute doctrine of retributive punishment theory, or stick on the criminal prevention of relativism, can complete description of the penalty of legitimation basis. As a result, the integrated theory. The combination of the above two advantages, from the responsibility of retribution and prevention of the purpose of the two dimensions to provide justification for the penalty. And the emergence of the doctrine of the doctrine, not only answer the reason for the crime of criminal punishment, but also answer the specific crime of the extent of the penalty is reasonable. In the concrete implementation of the sentencing and the doctrine of the requirements for specific crimes, different circumstances, the main responsibility for the penalty under the responsibility to consider the purpose of prevention.With the guidance of the theory of combining and combining the specific cases of intentional homicide, we can abandon the severe penalty and protect the individual rights of the criminal. Therefore, it is the process of mapping the judicial practice from the perspective of the penalty theory to studythe sentencing of intentional homicide in the perspective of the theory of intentional homicide.The merging theory based, on empirical research data as the starting point. Analysis in our country on the crime of intentional homicide sentencing unreasonable, and the crime of intentional homicide Sentencing Rationalization proposed recommendations. With the theoretical guidance of sentencing, it is the innovation of this paper. In the future, we should also start from the theory, and put it into practice in the judicial practice.