Research On The Restricting Factors Of The Application Of Death Penalty To Intentional Homicide

Intentional homicide is illegal crime intentionally deprive the life of others.Applicable to the deprivation of the punishment of life, Since the ancient times, applyto the deprivation of the punishment of life is considered to be granted. However,study of ancient Chinese and foreign history of the criminal law, we found in allcountries of intentional homicide in apply the death penalty, there is a from abuse tolimit, from cruel to gently, from barbarity to the development of civilization. Aftermodern foreign criminal law on the regulation of intentional homicide, we found thatsome countries have abolished the death penalty for intentional homicide. Somecountries are not abolished but strictly limit the use of the death penalty; Somecountries do not apply a case of death penalty for several consecutive years.In theprovisions of the criminal law for the standard of death penalty, the general policy isto restrict the death penalty. In judicial practice in our country, however, we still canfind that there are a lot of factors and the influence of the intentional homicide applythe death penalty correctly. This article mainly discuss the three prominent andsignificant factors.Intentional homicide of applicable death penalty process must be in strictaccordance with legal provisions. But to intentional homicide of relevant legalprovisions in look carefully can find the existing legislation has some defects. Mainlypenal code provisions careless criminal policy guidance range is incomplete. Unableto intentional homicide case whether the death penalty for a clear overall guidance.So must change about intentional homicide existing legislation on the death penaltyapplicable restriction. First, intentional homicide charges too simple. Second legalpunishment range is too big. Third,even preferred death. Through the study of thedefects of legislation of foreign legislation and to study and put forward feasibleSuggestions for reference. Mainly includes the increase and clearly heavier sentencingcircumstances such as continuous killed many people and so on, change the legalpunishment sequence and narrow sentencing amplitude, etc. In the intentional homicide legislation defects under the background, the judge’spersonal factors will affect the sin in the trial of the death penalty for the correctreasonable. Because the judge’s professional ethics and professional quality and someregions, judicial corruption phenomenon these factors affected the existing lawsapplicable results.We should be through the strict review evidence, take strictprecautions against corruption and to enhance the quality of limit death penaltymethod guarantee in the judicial trial especially intentional homicide case such majorcases, death penalty is not abuse don’t pamper criminals.Intentional homicide case in general, a society influence is bigger, easy to causesocial people’s high attention. Because the traditional heavy penalty thought and killpeople pay with life idea influence people about the death penalty is especially for themurderer for criminals，sometimes there will be irrational public opinion guide tocourt decisions have a negative impact. We should set up the correct punishment view,death penalty view and human rights view, overcome the view that praise highly harshpunishment, adhere to rigorous attitude for the death penalty, set up the idea ofrespect for and protection of human rights.