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Under The Criminal Policy Of Combining The Death Penalty Applied Research

Posted on:2013-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H X WangFull Text:PDF
GTID:2246330374970406Subject:Law
Abstract/Summary:PDF Full Text Request
The temper justice with mercy,a basic criminal policy, is based on building harmonious society, which reflect some ideas, such as people-oriented idea, fairness and justice, statutory crime and adaption of crime and punishment. This policy is not only a criminal policy, but also a criminal legislation, with is the new development of the criminal policy in our country. Nowadays, this policy has played an important role in judicial control of death penalty, being suitable with death penalty, reprieve, or other penalty. However, in judicial practice, how to use the temper justice with mercy policy has some defects. The first is the use of death penalty because of uncertainty defined. The secondly is the use of death penalty because of differently understanding. These two defects affect the use of death penalty directly.The researchers in our country mostly research the significance and the methods of the policy in controlling the use of death penalty. But in this thesis, I research the problem of the criminal policy of temper justice with mercy in use of controlling death penalty in judicial practice, such as the problems in operation, the reasons and the difficulties. The difficulties are the definition of falk contradiction, the assessment of fault liability, the carrying-out of civil compensation, and the balance of sentencing for defendants in common criminal cases, etc.In the opinion of a practitioner, I have paid my attention to induct my cases, analysing the defects in system, the umcertainty in law and the misunderstand of laws. From this, I want to put forwand the use of death penalty with the criminal police of the temper justice with mercy correctly, clarifying understanding, making the criminal law perfect and putting out judicial interpretation. In this way, judicial staff can understand the use of death penalty with the policy consistently to sentence this kind of case balanced and the quality of handling the cases higher.
Keywords/Search Tags:The temper justice with marcy, The use of death penalty, Judicialpractice, Reprieve, The death penalty immediately
PDF Full Text Request
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