Analysis Of The Judicial Control Of Death Penalty

On the death penalty is a hot topic in the criminal law research, because of thedeath penalty related to the offender’s life and death the right to hold a person’s lifeand death power. Life for each person only once, in a large number of human rightsthe right to life is the most important right, it is the precondition and foundation ofother rights to be implemented. The death penalty is one of the world’s most ancientpenalty, with its severely punish offenders and deter people with criminal intent toprotect the legitimate rights and interests of the normal order of society and thepeople, provided a favorable long-term stability of the community. But after theabolition of the death penalty since1764Bactria Death Penalty, launched aworldwide debate. Although many countries have abolished the death penalty, but thereality of our country national conditions, China is still not abolished the deathpenalty, and domestic the theoretical circle of criminal law scholars basically reacheda consensus that the death penalty has its value. Although from a global perspective,the death penalty is on the retention or abolition of the problem, but China’s basicnational conditions, China abolished the death penalty is extremely unlikely in theshort term. Therefore, our research focuses on the death penalty cannot be placed onthe retention or abolition of, but should stop at the restrictions of the application ofthe death penalty. Because the death penalty worldwide abolition of the situation inChina but also in the specific criminal case during the trial, strict control of the deathpenalty and limit the application of the death penalty. These studies only conducive toChina’s recent development can provide some guiding significance for the reality oflegal work. Stay of Execution System is an innovation in China to make full use ofthe role of this system both to severely punish criminals but also can effectivelyreduce the execution, those who kill from time to kill, are not to kill, kill is to makemistakes. We should pay more attention to carry out the implementation of combiningpunishment with leniency, criminal policy. Has surrendered, meritorious legal lighter, mitigating circumstances can be given a lighter or mitigated punishment is notimposed the immediate execution of death penalty. The death penalty is the mostsevere penalties; the application of the death penalty, care must be taken to deprivecriminals of life. Courts at all levels to further strengthen the sense of responsibility,to skating on thin ice, and the cautious attitude of cautious, according to the law strict,rational exercise of judicial power, indomitable from any pressure, strict death penaltycondition, strict proceedings, the real with the death penalty cases the facts are clear,the evidence is ample, accurate conviction, the penalty was appropriate, legalproceedings, and can withstand the test of history. China retains the death penalty,strict control, and prudent policy of applying the death penalty, in line with thenational conditions of China at this stage, to meet the needs of the public ordersituation, but the death penalty after all, is the most severe penalties of deprivation oflife, should be strictly controlled, careful applicable, to ensure that death penalty isonly applies to a very small number of extremely serious crimes of criminals. TheSupreme People’s Court exercises the death penalty cases since the approval authority,the Supreme People’s Court issued a judicial interpretation and judicial documents,perfect death penalty cases of second instance court procedures and the death penaltyreview procedures, uniform application of the death penalty standard, in accordancewith the law is strict, careful, and impartial review of death penalty cases. People’sCourt on murder, robbery, rape and other serious criminals that endanger publicsecurity and severely punished, and the death penalty applicable standards, andresolutely sentenced to death; caused due to the contradiction between love, marriage,family, neighborhood disputes and other civil murder, the defendant activecompensation personnel to obtain understanding of the families of victims, and thedefendant has a statutory mitigating circumstances, and fully reflects the policy, shallbe treated leniently, and try not sentenced to death immediately. After years of hardwork, the quality of death penalty cases have a full guarantee, applicable standards ofconvergence in the number of death penalty cases also declined; At the same time, theNational Social Security situation is generally stable, serious violent crime, especiallymurder declined largely achieved good social effect, the abolition of the13non-violent crime to death by the Criminal Law Amendment (h) to create the conditions. Proved to retain the death penalty, strict control, and prudent policy ofapplying the death penalty, in line with China’s national conditions, follow theinternational trend, it is entirely correct. Strictly limited and used with caution indeath penalty policy only conducive to China’s recent developments, can providesome guiding significance for the reality of legal work.This thesis is divided into four main parts, the first chapter of China’s strictcontrol and careful application of death penalty policy formation. First resolve thecountry strict control and careful application of the death penalty policy formationand its historical and political reasons, it can be said is the historical role in promotingthat makes the death penalty developed to today’s level. I mainly read from a slavesociety, feudal society and modern society, three social dimensions of strict controland careful application of death penalty policy formation process, and summarizes theprogress on the death penalty in a historical process significance and weaknesses,followed discusses China’s current the reasons for not abolishing the death penalty,both for historical reasons there are practical reasons. Finally, China’s strict controland careful application of the death penalty factors to sort out the historicaldevelopment of the death penalty, China cannot abolish the death penalty causes andstrict control and careful application of the death penalty factors were analyzed. Thesecond chapter of the death penalty with immediate execution and the death penaltysuspended Review of applicable standards. By the case of Yao jiaxin and Liu Xiang,Xi Zhongjie cases the death penalty with immediate execution and the death penaltysuspended judicial standards of practice and theoretical criteria. Strictly controlledand used with caution in death penalty policy in the judicial practice in the thirdchapter-Case of Jilin Province, Jilin Province, judicial practice, research, analysis ofthe necessity and feasibility of strict control and caution the death penalty policy.Chapter IV of the direction of reform of the death penalty-and strict control of andused with caution in death penalty that have not yet abolished the death penalty inChina for the death penalty to take the attitude of strict control and caution.