On The Death Penalty Cases Of Incidental Civil Conciliation

The civil compensation is in the judicial practice of our country’s importantdiscretionary circumstances of sentencing, in violation of personal rights of capitalcases, deal with the problem of civil compensation for the limitation of death penaltyapplies, for the party and the state policy of death penalty and Criminal policy oftemper justice with mercy. to fairness and justice and even the entire social justicesafeguard harmony and stability is of great significance. To this, the society gaveheight attention, people expressed deep expectation. Mediation is a judicial systemwith Chinese characteristics, the death penalty cases of incidental civil mediationwork is death penalty, especially the Supreme People’s Court withdrawing the deathpenalty approval right after an extremely important work. Do the death penalty casesof incidental civil mediation, to resolve social conflicts, and promoting socialharmony, ensure person and case ending, cogent implement the party and thecountry’s policy of death penalty and the criminal policy of temper justice with mercy,seriously practicing scientific outlook on development and the construction ofChinese characteristic socialism country under the rule of law, have great realsignificance and far-reaching historical meaning of. Can be applied to civilcompensation of the death penalty case type with intentional homicide, intentionalinjury cases, most of which are due to family conflicts, civil conflict, neighborhooddisputes, daily life and other triggered by sudden onset cases. In judicial practice,should be rational and moderate consideration of civil compensation for death penaltysentencing especially, should be a careful analysis of the nature of the crime, the plotand means, comprehensive crime causes, the defendant to repent and the attitude ofvictims in the understanding, combined with the defendant’s civil compensation case,the correct application of or restriction of death penalty. It should be sentenced todeath, not only because the defendant has the ability to compensate or make somecompensation but not sentenced to death; to should not be sentenced to death, not bythe defendant without compensation ability and the victim has strong demands on the defendant sentenced to death would break a heavy sentence. The civil compensationas the discretionary circumstances of sentencing is the compensation for the behaviorof an actively encourage and guide, but special attention should be paid to, defendantsand their families will not be civil compensation as a bargaining chip, as with thejudiciary for a supply of sth., to obtain the penalty interest, it is a naked "money tobuy life ", this behavior must be resolutely opposed to. Effects of criminalresponsibility and civil compensation for death penalty basis consists of three levels,namely the cultural aspect of history, theory and the legal system level. Restrictingdeath penalty cases of incidental civil conciliation three factors are the legislativedeficiencies, parties to the civil compensation and the attitude of courts and judges thereliability of. Do a good job in death penalty cases with civil mediation work shouldpay attention to the following questions: the mediation work must be from the facts ofthe case and the nature of the death penalty, to correctly grasp the death penalty casesof incidental civil mediation scope, namely the first class is both the incidental civilaction whether mediation, victim’s family if they understand, the conduct of thedefendant should be sentenced to death immediately in the case of. The secondcategory is whether a civil compensation agreement and made the victim’sunderstanding, on the basis of the current criminal policy and legal spirit cannot orshould not be sentenced to immediate execution of death penalty cases. The thirdcategory is whether the achievement of civil compensation agreement related to besentenced to death and sentenced to death penalty cases; death penalty cases ofincidental civil conciliation parties range, consisting mainly of the victim and thedefendant two aspects, usually is the key to the victim, to accurately identify the deathpenalty case attached with civil mediation the parties from attitude, compensation; theamount of compensation and the compensation of time this three aspects to consider,accurate measure of civil compensation plot component, thereby giving full play tothe civil compensation in the death penalty for the role; judicial practice often occursfor civil compensation and other circumstances of sentencing circumstances todiscriminate analysis concurrence, a lighter punishment and heavier punishment,solve seriously concurrent problems; to handle victims receive compensation indisagreement cases, civil mediation is not death penalty cases, the victim not understanding or refuses to accept compensation applied to death penalty and thequestion of " leave adequate leeway " cases of civil compensation problem. Thepeople’s court in the death penalty cases with civil mediation work, strict control andcarefully apply death penalty to a large number of practical exploration. In this paper,author union work is real, close contact with the people’s court death penalty caseswhen doing incidental civil mediation work in the hot, difficult, take empiricalanalysis and legal analysis on the method of combining, with case analysis, sum upexperience, designed for future cases related to standard treatment, emergingproblems provide useful reference.