Study On Application Of Death Penalty Caused By Intentional Homicide

Because of the criminal Policy "to kill less and cautiously", Our country will notabolish the death penalty in a short term. In our country with a strong punishingpsychology of "a death for a death", the abolition of the death penalty of intentionalhomicide which is the most ancient natural crime and multiple forms of crime needs moretime. In the judicial practice, we need to solve some realistic problems, which include thatin the cases of intentional homicide with different circumstance, what conditions should besentenced to death, what to stay of execution. That is to say, how to apply the death penaltyin intentional homicide, and whether we can establish a minimum standard for theapplication of the death penalty or not, which are beneficial to the judicial practice.Therefore, the article discusses these problems, which takes the case of "Li Changkui" asthe angle of study and combines with common plots of penalty discretion.This article is divided into five parts. The first part introduces the case of "LiChangkui" in detail and then draws out the focus of the theoretical dispute on the case. Thenext four parts analyze the basis, standard and the application of stay of execution of thedeath penalty which is caused by intentional homicide, and the issues of death penalty ofthe case.The first part introduces the case of "Li Changkui" in detail and then draws out thefocus of the theoretical dispute on the case.The second part overviews the basis of the death penalty which is caused byintentional homicide. The article discusses it from the theoretical basis, social basis andjudicial practice of intentional homicide, and gets a conclusion that in our country thedeath penalty of intentional homicide will not be abolished in a short term.The third part primarily discusses the lowest standard of the death penalty. At first, thearticle analyzes the standard of the death penalty and then presents the author’s view that the defendant should be sentenced to death penalty if the defendant deprived ofsomebody’s life and the victim had no fault.The fourth part mainly discusses the nature and the applicable conditions of stay ofexecution, which acts as another form of death penalty. And the article summaries theconditions which in specific cases the defendants should be sentenced to death but to stayof execution in the judicial practice.The fifth part focuses on the arguments of "Li Changkui" case, and the analyzes howto handle the two conditions which appear at the same time. One is deep subjective ill andmeans of cruel, which are suitable for death penalty. The other is legal lenient plot anddiscretionary lenient plot.