On The Judicial Discretion Intentionally Murder Crime Death Penalty Suitable Mitigating Circumstances

The death penalty in offence of intentional killing has been a controversial topic. Under the background of Anti-torture and abolishment of the death penalty in the whole world, the development direction of China’s death penalty legislation is the "retain of the death penalty, the less of the death penalty". However, He who murders pays the forfeit of his life is rooted in the hearts of the ordinary people for thousands of year.The simple ideas results the confliction in judicial decisions and the demands of the masses, especially the demands of the victim requirements. Application of the suspended sentence and life imprisonment under the unforgiveness of the victim will be questioned, or will result petitionersApplication of the death penalty in offence of intentional killing is also a technical problem. The briefness of criminal legislation is conflicted with the generality of judicial interpretation and the complexity of criminal judicial practice. The judge in different regions has no uniform in the application of death penalty standard, so how to grasp the death penalty standard is very difficult. The mitigating circumstances of death penalty are difficult to implement the policy of death penalty in practice. The author attempts to find out the restricting factors in the application of death penalty through the analysis of mitigating circumstances.The author embarks from the standard applicable for the death penalty in our country, the extremely serious "crime", the meaning of "not" must be executed immediately carries on the analysis, further defined, death and suspended immediately execution limit commutation system in practice to grasp, to highlight the personal risk of whether the death penalty and if the immediate execution of a limited role. And combining the cases in judicial practice, with an area of107cases of intentional homicide cases as the foundation of investigation, the common statutory and discretionary sentencing plot analysis inductive lightly, showed an accessory to the general objective of death penalty, merit and surrender, general execution immediately ruled out, frankly smaller to control death penalty function. And discretionary reduce the fault of the victim, crime of passion general rule out the immediate execution of a death penalty applicable, divided the control action of indirect intent, compensate for the losses, the first casual offence on ways to limit applicable death penalty is have certain effect. Finally, from the dispute of sentencing of monism and dualism, analyses the problems existing in the current death penalty sentencing link, expounds the rationality of sentencing dualism. To the sentencing guidelines (trial)"as the foundation, there was a conflict of sentencing circumstances, how to apply" integral equivalent offset method "has carried on the design, in the hope of intentional homicide cases in the judicial practice of the death penalty control do to beneficial discussion.