Analysis On The Dispute Of Execution Of Yao Jiaxing’s Intentional Homicide Case

Yao Jiaxin’s homicide case made a great flutter this year because of its crueltyand bloodiness. Paroxysmal transformational homicides are doing serious harm topeople’s safe. However, we also have to consider adequately on criminals’ rights andcrimination and penalty in this kind of case.The cognizance of surrender of criminal is putting direct impact on crimination.In order to the simple surrender regulation, the affirmation of surrender is a little bitout of order in our country. By means of analyzing the suspicious theory of surrenderregulation in our country and interrogation based on clues, Yao Jiaxin is not asurrender case. At the same time, the standards of surrender’s considerablecircumstances of sentencing should be more clear and distinct. Crime of passion, as aconsiderable circumstance of sentencing in the theory, always be used in judicialpractice by criminals in the end. Nothing but define the definition of crime of passionrationally to establish the solid theoretical foundation of criminal legislation and beapplied rightly in the judicial practice. Based on passion incentive, this papertentatively defines crime of passion, cases which is within this context would besentenced abroad with discretion. The criminal tries to bear civil liability forcompensation in order to get lighter criminal punishment. Disputes arose while thiskind of case tries to strive for victim-offender mediation. The principle ofvictim-offender mediation is both equally freewill and inviolability of public interest.Victim-offender mediation can also apply to violent crime which has the specificvictim.