Research On The Existing Problems Of The Application Of Death Sentence With A Reprieve

As a kind of death sentence, the suspended execution of death penalty had its age-old origin. From the ancient times "thought of cautious punishment" to the founding of new China’s individual requirements, then to the initial stage of a criminal policy, the suspended execution of death penalty has developed to a system of criminal law course. Death sentence with a reprieve considers the general function of criminal law as well as its special function, so it has historical inevitability and realistic superiority.In the condition of strictly control of death penalty, carefully application of death penalty and restriction of death penalty, the death sentence with a reprieve has its particularity and plays an important role in judicial practice. However, because of many reasons such as the limitation of death penalty, individual cognitive differences of enforcers, different opinion on the enforcement standards and the external stress, the death penalty system has trended to reprieve system in recent years. The death sentence with a reprieve has been alienated and had some bad influence.Many researchers has analyzed and assessed the realistic values and limitations of penalty sentence with a reprieve system based on the law theory. I had been engaged in the second instance of death penalty cases for three years. In this paper, I transformed my view to analyze the current problems of the application of death penalty with a reprieve system and its causes based on some cases. The objective of this paper is to find and promote the reform way to the application of death penalty with a reprieve system.