Study On The Standardization Of Sentencing Of Death Penalty Cases

Standardization of sentencing in capital cases is the proper meaning, but also to ensure that the correct application of the death penalty, an important way to control the death penalty. As scholars said, death penalty is not important but the conviction sentencing. The cases of wrongly is created largely by the sentencing imbalance. This is also an important reason for this choice. Sentencing standardization study of death penalty cases is discussed:Asking questions (the sentencing of the death penalty cases of non-standard)-demonstrating the importance (the necessity and feasibility of standardization of sentencing in capital cases)-summarizing the results of exploration (the legislative, judicial exploration of standardized sentencing of the death penalty cases)-mading the perfectrecommendations (both substantive and procedural aspects).This paper is divided into five parts.The article introduces systematically the existing problems in the sentencing of death penalty cases, demonstrates necessity and feasibility of standardization of sentencing in capital cases, combs legislation and judicial exploration in promoting the of death penalty sentencing standardization, proposes perfect idea of the substantive and procedural standardization of sentencing in capital cases.Chapter one:nonstandardized problem in sentencing in death penalty cases; This chapter focuseson reasons and performance of nonstandardized problem in death penalty cases:the lack of of the criminal norm about the death penalty cases; the imperfection about the execution standards of the death penalty suspended prison sentence; penalty structure defects;non-independent sentencing procedures in death penalty cases which leadrs to the parties procedures inadequate participation, judges excessive discretion and death penalty defense faced embarrassment; system flawed evidence in death penalty cases and inadequate evidence standards of "the clear facts and irrefutable evidence". In addition, public opinion, and administrative factorsChapter two:analysis about the necessity and feasibility of standardized sentencing in death penalty cases. It embodies a penalty Humility and thought, in line with the requirements of procedural justice, and is conducive to the protection of human rights and the abolition of capital punishment. Western countries sentencing reform, especially in the United States, Japan, has provided us with a useful reference,.The vigorous domestic sentencing reform has accumulated some experience.Chapter three:the exploration standardized sentencing in death penalty cases. On the legislation, the introduction of the eighth Criminal Law Amendment, Collection, use of the death penalty evidence to further clarify, the two files formulation of standardized sentencing of the death penalty cases,which explore sentencing impartial in death penalty cases.On judicial practice, the local courts had carried out the death penalty sentencing procedures independent attempted the Trial Prosecutor sentencing recommendation system and the defendant sentencing defense. Academic program had researched about independent of the sentencing process, the standard of proof and sentencing plot in death penalty cases. The exploraion about standardized sentencing in death penalty has achieved certain results.Chapter four and Chapter five:suggestions for improvement about standardized sentencing of the death penalty cases from both substantive and procedural aspects. It consists of the perfect death penalty applicable to judicial interpretation; rational use of the reprieve; strict punishment fits the crime; establishment of the death penalty cases, case guidance system; build independent sentencing procedures in death penalty cases and so on.