Research And Thinking Of The Intentional Homicide Of Standard Of Death Penalty

Since ancient times, the intentional homicide is the rulers to severely crack down on crime,which is illegally to deprive others’life right,and therefore it must be punished in the most severe penalties. The death penalty as the most severe penalty is inevitably to be the top choice of the intentional homicide penalty. The current application standards of death penalty stipulated by Chinese Criminal Law are "extremely serious crimes". However, there are many defects in the limitation of the application of the death penalty because of vagueness in legislation. Therefore, in order to compensate for this shortcoming and make it functional in crime punishment and full protection of human right, it is necessary for us to reform the current application standards of death penalty and strengthen its guidance and constraints of the death penalty.This paper is based on the Reducing Application of death penalty and limiting the abuse of the death penalty strictly. This paper begins to define the standards for the application of the death penalty; then points out the problem of intentional homicide application of the death penalty in China; finally Demonstrates the significance of intentional homicide death penalty applicable standards. Through three typical cases, discussed the influence of the consequences of crimes, the understanding of the victims, defendant actively compensate, the victim’s fault and surrendered. Finally propose perfection of the standards for the application of the death penalty.