Discretionary Circumstances Of Sentencing And Limit The Death Penalty Applicable Research

The abolition of the death penalty has become the mainstream of the internationaldevelopment trend at present, not yet completely abolished the death penalty in foreigncountries and has been the abolition of the death penalty abolition of the death penaltyfor countries in before, mostuse of various factors to limit the death penalty. The abolitionof the death penalty does not accord with the legislative background of the situation of ourcountry, reasonable and appropriate control, reduce the use of death penalty has become amajor issue placed in front of the Chinese people.The article began to explains the concept of the discretionary circumstances ofsentencing. From death to the judicial practice andrelevant judicial interpretations,classified the death penalty restriction of discretionary circumstances of sentencing.Analysis of current our countrythe discretionary circumstances of sentencing in deathpenalty restriction inpractice and the existing problems in legislation. Part of thediscretionary circumstances of sentencing should be the realization of legalization. Thetypical case guidance system of discretionary circumstances of sentencingdeath penaltyrestriction should be established using. Discretionary circumstances of sentencing limit theapplication of death penalty is a way to improve the quality of judges. Discretionarycircumstances of sentencingsupervision mechanism to restrict the application of deathpenalty should be established.