The Research On Sentencing Level Of The Application Of Death Penalty In Violent Crime

Violent crime, which is a serious crime, is the typical sample of death. The article emphasizes how to limit the death sentence in violent crime. Then, the thesis clarifies the controversy on the theory of violent crime between the criminology and criminal law. At the same time, the paper analyzes the scope of charges in violent crime, the regulations of punishment and the prior cases of the death sentence in violent crime. The thesis draws a conclusion that it should set up certain levels for limiting the application of death penalty in violent crime, that is to say set up certain levels for deciding and measuring penalty.The thesis is divided into four parts, about 56,000 words.The first part clarifies the theory of violent crime in the Criminal Law. Currently, there still existed the academic arguments on the concept of violent crime, so it is necessary to clarify the controversial theories, define the concepts of "violence" and violent crime, with purposes to reveal the features of violent crime. The article concludes that the violent crime has the following features: explicit stipulations, violent measures and extent, dual objects and so on. Thus the article defines the concept and the scope of the violent crime in Criminal Law.The second part of the article sorts the legislation of the death penalty in violent crimes in the Criminal Law. After analyzing 27 death charges in violent crime of the Criminal Law, the article divides death sentences into two parts, one is about the criminal type and the other is about the punishment. The criminal type can be further subdivided into the basic offense, aggravated offense and special aggravated offense. And the punishment also can be divided into the kinds of punishment and the establishment of the punishment. Then, the article distinguishes the application of death charges in direct excluded and indirect excluded situations, relatively limited and relatively allowed circumstances.The third part is about the judicial practice, the criminal cases of the application of death sentence in violent crimes. The article concludes the normal sentence situations in which limited the application of death penalty in violent crimes in criminal jurisprudence after analyzing the prior cases of death in violent crimes. The view is that statutory sentencing focuses on recidivists, the behavior and a joint crime. But when it comes to the discretionary sentencing, it gives priority to the motives, criminal offense, the results of the criminal, the relations between the victims, the fault of the victims and the understanding from the victims.The last part of the article is about how to limit the application of death sentence and the sentence levels. Based on the analysis of the scope of the death charges and sentence, the article is concluded that the statutory levels when the death is applied in violent crime, including the constitution of the crime and the establishment of the penalty, which restricts the application of death in violent crimes. According to the application of the death affected by the punishment, the article concludes the levels of punishment and it can be sorted into three different levels. It can use different ways to solve the problem of concurrence and conflict of punishment. After all, the establishment of the levels of statutory sentencing and the punishment can limit the application of death penalty in violent crime.