On The Standard Of Application Of Death Penalty To Intentional Homicide

Abstract ABSTRACT Since ancient times, the intentional homicide is the rulers to severely crackdown on crime, which is illegally to deprive others'life right, and therefore it mustbe punished in the most severe penalties. The death penalty as the most severepenalty is inevitably to be the top choice of the intentional homicide penalty. Chinahas been implementing the criminal policy of combining leniency with rigidity andthe death penalty policy of death sentence can not be given in uncertain cases,coupled with the Criminal Code establishes standards for the death penalty. Generallyspeaking, it strictly limited the application of the death penalty. But in judicialpractice, the applicable standard of the intentional homicide is different and notuniform. So to limit the application of the death penalty, it is necessary to formulatethe death penalty uniform standards of the intentional homicide to guide judicialpractice. This article is based on the practice, and describes the application standardof the intentional homicide for the death penalty shortcomings in practice, in orderto deal with this phenomenon, I point out my views to the application standard ofthe intentional homicide on the justice. In addition to the introduction and conclusion, for the text, the authorexpounds the three chapters, the main part of the following: The first part proposed that the intentional homicide death penalty is suitablethe question which intentionally exists, introduced that the punishment murder crimeis suitable the capriciousness which, judge exists to arrogate all power to oneselfintentionally with the judicial corruption as well as has not been clear about questionsand so on concrete standard. The second chapter the introduction intentionally theintentional homicide death penalty suitable general standard, and analyzes theinfluence crime to be extremely serious this recognizes the standard generally severalaspects.The fourth part, gives the intentional killing crime standard applicablejudicial proposal of death penalty.Key Words:intentional homicide; death Penalty:standard...