Study On Death Penalty Control Under The Criminal Policy Of Combining Punishment With Leniency

Criminal policy of combining punishment with leniency in recent years to guide China's death penalty case trial basic policy. It is consistent with the current trend of social development, with the spirit of advancing with the times, it is the combination of punishment with leniency criminal policy deeper development and progress. After World War II, the world criminal policy towards " gently"" heavy" two direction, for minor criminal cases, first offenders, occasional, social harmfulness of crime for small lighter punishment lighter terms, for serious violent crime against social order for the heavier penalty clause.The simple understanding of death penalty control is to control the application of the death penalty, in the international society, the death penalty as the deprivation of the right to life in an extreme way, has been the world about 2/3 countries prohibit or application. The Supreme Court's judicial reform successful respect is the right to review death penalty to recover, which to a large extent on the application of death penalty to control. Criminal policy of combining punishment with leniency is our country current basic criminal policy, as a death penalty, the policy formulation and implementation of carrying out the criminal policy of combining punishment with leniency.Penalty since indeed plays the other legal means to cannot be likened to safeguard effect (for the social order, the citizen personal property and other legitimate rights and interests protection). Its deterrent force, especially the deterrent effect of the death penalty is still a special means of crime prevention. After founding a state, our country's criminal justice has never really gone away of misdemeanors in distress, often social order in a worse situation, it tends to turn a severe penalty sanctions. Criminal policy of combining punishment with leniency applied will inevitably affect the legislature on the death penalty policy changes direction, the death penalty policy should be strictly in accordance with the criminal policy of combining punishment with leniency of the connotation, the width is wide, the father is strict, comply with the development trend of the times and the trend of economic development, social development framework. The death penalty control includes the two aspects of legislation and judicature, the legislative reform is decisive, guidance, basic function, the judicial aspects of control can actually reduce the number of death sentences, the two complement each other, do many things at once, to promote the comprehensive development of death penalty control system. In the aspect of legislation, the author puts forward the control of death penalty to restrict the scope of application of the death penalty, the strict conditions of application of the death penalty,death penalty reprieve system reconstruction, establish special pardon system, death penalty views. Judicial reform, the author realized our national existence" answer blows with blows, an eye for an eye, seek revenge for the smallest grievance " retribution punishment thought, judicial organs heavy entity, light procedure the case-handling model and system design deficiencies, including the surrender and discretionary circumstances identification and sentence relation, the collegial panel and the Committee of the death penalty case the influence on. Put forward to want to establish civilized control of death penalty idea, strengthen harmonious judicial philosophy, strict death penalty conviction and sentencing procedure of death penalty cases, ensure the quality, and give full play to the administration of justice in the death penalty control in the dynamic role, in the criminal policy of combining punishment with leniency to control death penalty.