Research On The Application Of Death Penalty

China is among the few countries which still keep the death penalty. To such alife—depriving penalty, the criminal law also make strict limits to it. Death penalty inour country is mostly applied to those most serious personal crimes and someextremely serious economic crimes. This paper takes the case of LiChangkui whichhas caused heat discuss for example, and discuss the application of death penalty andstay of execution in details, then answer the question that if the sentence to Li isreasonable from the angle of law.This paper is divided into4parts, consisting17,000characters.First of all, this paper reviews the typical case. The reason that why has the casecaused discuss is that the public shows strong query to the final sentence. After rapinga16years old girl, Li knocked her with a hoe to death, and what’s more worse, hekilled her3—year old brother. Even a person who never learned law will believe thatsuch crime deserves death. But the court which holds the power of jurisdiction,sentenced him to stay of execution.Secondly, this paper summarizes the controversy and thinking thatLiChangKui case has triggered. First of all this paper discusses some related rules incriminal law about death penalty and stay of execution, then points out the basicconditions for the death penalty, and puts forward the special place of stay ofexecution that being sentenced to stay of execution is equal to living on. A series ofproblems will also be discussed in this part.Then, in this paper some relevant legal issues, including the death penalty relatedtheory and the applicable condition will be discussed. The death penalty is one ofthe world’s most ancient punishments, coming from early human society commonphenomenon, revenge. From the primitive society to the slave society to the feudalsociety, the death penalty was applied in a more and more wide range, and the mannersof execution has become more and more varied. China’s criminal law has to apply thedeath penalty only one: the death penalty only applies to the criminals who havecommitted extremely serious crimes. On the "serious crimes" decision criteria, thispart of the paper will be made. Stay of execution highlights the ancient Chinesecriminal law’s "cautious punishment" ideology. As early as in the tang dynasty willemphasize the "gift for this, the penalty, with". Since the Ming and Qing dynasty and implementation, twisted commonly cut the prison system, and are "cautiouspunishment" reflect, its meaning and President George w in essence is the same.Finally, the part of the paper is to surrender, the existence of positive compensation,and folk contradiction, the neighborhood dispute, etc. Legal or discretionary plot tothe influence of when sentencing, discussed the circumstances under thesecircumstances can influence the death penalty for, and specific to LiChangKui onecase, a detailed analysis of the judgment of the case not appropriate place.Finally the conclusion of the study, to return to the case materials, mainly putsforward to the analysis of the LiChangkui I case and view, and the debate on this casepresented their views, but also focus on the central issue of part of the question madeanswer, summed up in the existing in the death penalty cases legal or discretionarygiven circumstances, it should be combined with its subjective vicious, thecircumstances of the crime, crime means, and should not be for a posterior approachto President George w, uniform "from death".