Research On Legal Standard Of Death Sentence With Reprieve

The legal standard of death sentence with reprieve refers to sentencingconditions when we apply the punishment of death sentence with reprieve, todistinguish other legal punishment and punishment run mode. The legal standard ofdeath sentence with reprieve can be divided into the precondition and the substantivecondition of applying death sentence with reprieve. Among them, there are twodefects in substantive condition in aspects of logic and legislation technology. Theyare mainly reflected in the fuzziness and uncertainty of the legal standard of deathsentence with reprieve. In order to perfect the legal standard of death sentence withreprieve and enhance the application maneuverability of death punishment, promptlyneed to explicit the conditions of application the punishment of death sentence withreprieve. The definite way is to materialization the terms of criminal law on deathsentence with reprieve; mainly depend on the perfection of the legislation, adding theperfection of judicial. The way to perfect legislation mainly manifests: firstly, to thepolicy of death penalty of “retain the death penalty and close restraint death penalty”as the guidance, establish the legislation tendency of expand the application of deathsentence with reprieve. Understanding the legal standard of death sentence withreprieve accurately, increase the application of death sentence with reprieveappropriately, for limit the application of the immediate implementation of the deathpenalty. On the other hand, strictly distinguish between life punishment and inanimatepunishment. Secondly, further standardization legal sentencing circumstances thataffect the application of death sentence with reprieve. Turn circumstances that oftenapplied, such as surrender, observing, choosing to be subject, into conditions shouldbe applied, decreasing dispute and confusion during the application. Thirdly,legalization the discretionary circumstances during applying death sentence withreprieve, Sometimes, the function of discretionary circumstances in specific case mayeven greater than legal sentencing circumstances. Taking discretionary circumstancesinto the law could make the discretionary circumstances get the attention it deserves,in favor of the fair trial. The discretionary circumstances mainly refers to: thecriminal motive, the criminal means, the victim’s fault, the defendant consistentperformance, the attitude after the crime, the murder party’s understanding, the timingand location of crime, the role and function of defendant in common crime, the relationship between defendant and victim, the public opinion. The way in judicialperfect refers to improvement case guidance system of death sentence with reprieveby improving the reasoning of cases, opening judgment of death sentence withreprieve, explicating the effect and relief approach of guidance cases. With specificand representative cases on death sentence with reprieve to guide sentencing,consequently play complementary role in perfection of legislation of death sentencewith reprieve.