The Application Of The Death Sentence With Two Years

The death sentence suspended for two years implementation of the system of originalexecution system. Death Penalty with Reprieve Development in ancient China death sentencereview system and the process of China’s Criminal Law ideological combined, fully reflectsthe people of the spirit of our country since ancient times. death with reprieve system haspenalty very important role in limiting the application of the death penalty, and implement thespirit of "less kill, discreet death penalty. However, in the current system of death withreprieve academic discussion and judicial practice, the application in the death with reprieveof system exists a lot of problems. Example, for the death with reprieve system and the deathpenalty immediately system, because has not to be denied limits between life and death, thereare impossible excessively status between them. Therefore, the death penalty immediately andthe death sentence suspended for two years must have a clear boundary. However, the currentsystem of death with reprieve discussions embodied not obvious. In addition, there has a lotof controversy of positioning system for death with reprieve, we must recognize death withreprieve system exists as an independent execution of the death penalty system which isindependent execution of the death penalty as penalty for the most severe, The current, perfectsystem for death with reprieve of judicial practice in China has a very important significance.This paper discussed the the following sections on the applicable of death with reprieveto more analyze the practical significance of death with reprieve and solve the applicableproblems.The first part of the discussion is the concept of the death with reprieve, features, value,historical development and so on. First expounded the concept of death with reprieve, thatdeath with reprieve means the system for criminals should be sentenced to death, according totheir specific case imposed a two-year reprieve,After two years suspended, according to thesituation of the test period, executing different results of the implementation. Followed bydiscussion is the nature of the death with reprieve, death with reprieve is an independentsystem of the death penalty, there has great difference with the death penalty of immediateexecution, it is not its pre-procedure or non-essential procedures. the third, discussion of the historical development of the death with reprieve, specifically addressed the formation anddevelopment of the system of death with reprieve in existing, the fourth, discussion of thenature of death with reprieve of originality, independence, dependence,the uncertainty of theexecuted results. Fifth, stressed that fundamental value, important value and ultimate value ofthe system of death with reprieve,The second portion, discussed the specific conditions of the death with reprieveapplicable. First, before discussed the applicable conditions of death with reprieve system, weneed to thoroughly clarify the boundaries between the system of death with reprieve and deathimmediate implementation. This not only conducive to the correct application of death withreprieve system, also conducive to intuitive and comprehensive understanding and mastery.the applicable substantive conditions of death with reprieve system. Clear the boundaries ofdeath with reprieve and the death penalty immediate implementation has great significance inthe application of more accurate positioning. Second, the prerequisite, real term conditionsand exceptions of death with reprieve in regime applies detailed exposition and description.The third part, discussed of the applicable execution of death with reprieve system, Firstof all, conducted a detailed analysis of the implementation of the system of death withreprieve. The execution of death with reprieve means: criminals sentenced to death in thePeople’s Court and declared suspended for2years, processing of the criminals in the2-yeartest period and after the test period. Secondly, clarify the the implementation applies theresults of the death with reprieve, according to the provisions of the criminal law, theapplication of the death sentence with three different execution consequences, also increasethe of death with reprieve limit commutation content. Finally, detailed enumeration andanalysis the specially questions of the death with reprieve system in the implementation of theapplicable.The fourth part, the special problems of the death with reprieve system in the entirejudicial practice and legislative practice, For example, in the period of the Probation that is adeliberate crime and there is major meritorious services, another example, issues such as theprobation period applicable to different types of crime, and put forward their own views andsolutions.