Studies On Death Sentence With A Two-year Reprieve Of Murder

Murder is not a formal legal terminology, so, there are different understandingsabout it in the academic circles. While, in my paper, murder refers to the criminalcases those are caused by intentional and cause death of other people. Applying deathsentence with a two-year reprieve to the defendant correctly has played a veryimportant role in establishing the modern criminal judicial idea, implementingcriminal policy that sentencing less killing more carefully and tempering more, aswell as preventing Re-offending, maintaining the stability and harmony of our society.At present, cases that can be applied with the death sentence with a two-yearreprieve in the judicial practice are: cases which are caused by the fault of the victim,which happened because of marriage and family or emotional entanglements and otherdisputes among individuals, which have the official plots of surrendered andmeritorious, and which are caused by the old and the young. At the same time,because of the standard of the application of the death sentence with a two-yearreprieve is not very clear in our current criminal law, and the concepts of lawenforcement of some judicial officers are vague and backward, the supervision systemis not perfect, and the compensation for the victims is short, there exists manyproblems about the application of this punishment, such as: the standard is not united,the range of the application is too wide, the discretion for judge is too much, and theinfluence of the public opinion and victims’ forgive is too weight.Establish the principles for reprieve death sentence, named: sentence accordingto the law, sentence suit to criminal liability, sentence less and kill carefully; Makethe rules of the application of reprieve death sentence clear, such as to legal theinfluence of victim’s fault the motive for the crime and the victim’s forgive. That aremeasures to improve the application of this punishment by legislate. Besides, thatgranting the procedural with the right of advice, defining the right of participation forprocedural during the procedure of reviewing, and establishing compensation systemfor the victims, are procedural measures to improve the application of this punishmentfrom the judicial level.