On The Death Penalty For Intentional Homicide

Murder is the intentional unlawful deprivation of life of a criminal offense. Life for everyone once in a prerequisite for realizing all the rights, whether or not to act as murder, are serious violations of democratic rights of citizens of the person. Intentional homicide great harm to society, the adverse effects in the population is also profound. This behavior is the result of deliberate brutality of the killings, severe and history exists in the eye for an eye tooth for a tooth ideological retribution, making the history of each country have a wide range of intentional homicide for the death penalty. Study of intentional homicide of history on the applicable provisions of the death penalty, found the death penalty is an abuse of the restrictions from, from the brutal to the playful, from barbarism to civilization, the development process. Further study of modern foreign criminal law provisions on intentional homicide and found that some countries have already abolished the death penalty for premeditated murder; some countries, although not abolished, but strictly limit the death penalty; some countries do not perform for several years, a death penalty.China is the world retain the death penalty is still one of the countries retain the death penalty at this stage of practical significance in our country is in line with China’s social development and economic development law. Modern China has always been implementing the "retain the death penalty, strictly controlled and carefully apply the death penalty," "combining punishment with leniency", "combining punishment with leniency" the death penalty for the criminal policies and principles. Because of intentional homicide in the death penalty is a maximum of criminal offenses, so the overall limit from the application of the death penalty, you must first restrict the death penalty for crimes of intentional homicide. However, from our judicial practice can be seen, the death penalty for intentional homicide applicable standards in different areas was also not stringent enough to master, although the applicable provisions of the death penalty in China strict in the implementation process but there are still many drawbacks. If the counts of intentional homicide is too broad, simple, legal punishment too much, the lack of judicial interpretation and processing to reduce repeat offenders sentencing provisions of the appropriate, the judge when sentencing for manslaughter public anger and public opinion to consider too many false positives injustice to kill the problem still exists. Therefore, strict limits on the intentional murder still apply the death penalty in today’s necessity and urgency.This article on the death penalty for the crime of intentional homicide and principles of criminal policy analysis, combining whole truth summed up the typical case of the death penalty for intentional homicide of several important plot, the nature of the case, circumstances of the crime and consequences, the defendant’s subjective malignant and dangerousness, the guilt of the crime such distinction, and for the trial of issues that exist in practice we must first change the Sharenchangming point of view, to correctly deal with the demands of the victims and the public opinion side, should pay attention to the requirements and improve the legislative sentencing The recommendations in order to contribute to our judicial practice.