Perfection Of The System Of Death Penalty Discretion In China

The history of the development of China’s criminal law can be said to be the history of the development of the death penalty. Death penalty system in China, at present, has many disputes, especially some defects in the judgment of death penalty system. Analyzing based on the focus issues in Yao Jiaxin case and Liu A homicide case, namely whether Yao Jiaxin’s case and Liu’s case sentencing properly, whether the social public opinion intervening the trial process, whether all the files issued by the Supreme People’s Court can be used as the judicial interpretations. Analyzing these three focus problems find existing problems in China’s death penalty discretion system. Such as, the death penalty discretion plot and general crime sentencing circumstances do not distinguish, then surrendered to the general application of the death penalty from the modified relatively weak plot into a absolute weak plot, constructing China’s death penalty trial system and absorpting ancient China’s Wufu system, retained for supporting the elderly circumstances into the plot of the death penalty discretion in China, conduct a feasibility study. This is the feature of this article. The body of this thesis consists of the following parts:introduction, case description, case analysis, the thinking of focus issues caused by the case and conclusion, such five parts.