Study On The Influence Of The Victims’Conciliation In The Application Of Death Penalty

At present, the study on the influence of victim conciliation in the application of the death penalty is carried out as a test of judicial reform by the judicial organ spontaneously, which needs theoretical research greatly. As to this point, more and more scholars have paid close attention to it, but the existing research tend to focus on the legitimacy discussion, while for the judicial activities running as a potential system, there are few researches on its formation, the operation of the status quo and rule, which can be able to put aside the non-controversial. So it would be very significant to research this subject.The author has carried on research to a series of basic questions about the victim conciliation from the theory aspect, and attention will be focused on the investigation on the influence of victim conciliation on the application of the death penalty in our country from macroscopic to microscopic, on the base of the analysis of the current disputes and conflicts. In order to benefit somewhat to practice:Chapterl:a summary of the influence of victim conciliation on the application of the death penalty, which contains three aspects:the concept of the victim conciliation, the victim conciliation with the sentencing and the victim conciliation with the application of the death penalty.Chapter2:the analysis of the reference value of the influence of victim conciliation on the application of the death penalty, on one hand, argues the legitimacy of the influence of victim conciliation on the application of the death penalty is discussed, on the other hand its controversy is not evaded, and the analysis the controversy behind embodies the value of conflict is under research.Chapter3:The practical investigation on the influence of victim conciliation on the application of the death penalty, including the investigation from the macro level and from the empirical level specific sentence case, by observing the impact on the influence of victim conciliation on the application of the death penalty the regularity grasp, found the problem which exists in practice. In this chapter, the author of a large number of specific sentence case of empirical analysis and investigation, can be found in practice with specific problems, a new perspective, is the innovation of this article.Chaper4:improve the practice on the influence of victim conciliation on the application of the death penalty. On one hand, in the trial practice, the judges adjust inherent contradictions through case balance; on the other hand, we should define the applicable rules, and establish and improve supporting measures at the same time. The focus on practical value, has the certain instruction significance to the practice.