Analysis On The Standardization Of The Discretionary Circumstances Of Sentencing In Application Of Death Penalty

The death penalty has been one of the special issues of criminal law for nearly more than a decade. Meanwhile, with the criminal reform of standardized implementation, the application of discretionary circumstances of sentencing has gradually become a focal issue both in theoretical and practical industry. These two issues were discussed separately and systematically by many scholars, but few scholars make a research on linking these two issues together, and few studies discuss the application of discretionary circumstances of sentencing to the death penalty, which is really a major deficiency. Maybe this is caused by the opinion of "heavy convicted but light sentenced" all the time in criminal scholars, but given the important position of it in the standardization reform of sentencing and the judicial control of death penalty, we should pay attention to make a research on the standardization of the discretionary circumstances of sentencing in application of death penalty.At first, through analyzing the disorder and generalization phenomenon occurred in the application of discretionary circumstances of sentencing to 19 typical cases issued by the Supreme People's Court in March,2008, in which the immediate implementation of death penalty drops into the suspended sentence of death penalty, the introduction of this paper points out that the application of discretionary circumstances of sentencing to the death penalty should be standardized.Partâ… :is mainly a brief overview of the application of discretionary circumstances of sentencing to the death penalty, to pave a way for this whole theory. First this part briefly introduces the application of discretionary circumstances of sentencing on, and then investigates the domestic and overseas history of the application of discretionary circumstances sentencing to the death penalty, and finally simply analyses the current situation of the practice in China.Partâ…¡:is mainly an assessment of the standardized basis. Analyzing systematically from the theoretical and practical level, it can be drawn that it is based on profound theoretical and practical basis, with theoretical justification and practical necessity. Part III:is the focal section discussed in this paper. In this chapter, domestic and overseas sentencing models are first studied to provide a basis for the construction of its standardization; and then the principles of its application are simply discussed to guide the practice of its standardization. And finally, the way of its standardization is pointed out: first to be clear in entity, and then regulated in procedure. This part elaborates its opinion from three aspects-- the statutory, clarity and stylization simultaneously, to achieve the standardization to the greatest extent.The conclusion points out that the standardization of the application of discretionary circumstances of sentencing to the death penalty not only is to achieve the convergence with the principle of legality, but it is also a discretion to regulate judicial practice and a powerful protection to promote the sentencing standardization and a supporting point to fulfill the death penalty justice control theory.