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Studies On The Death Penalty Application Of Intentional Homicide

Posted on:2015-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y FanFull Text:PDF
GTID:2296330467465381Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Intentional homicide as a crime which violates the most important personal rightsof citizens--the right to life, is a typical sample of the study on the death penalty. Theresearch purpose of this paper is limiting the death penalty application of intentionalhomicide, On the basis of domestic and intentional homicide legislative and judicialefforts to limit the death penalty, research status and lack of grooming death. Insentencing perspective, use the empirical research methods to empirical analysis on191cases of intentional homicide death penalty case. Summed the problems ofintentional homicide in the death penalty application. Accordingly, improvement pathis proposed, abandon the priority the on death penalty applies to intentional homicide,refinement of intentional homicide death and reprieve boundaries and constructedsentencing level corresponding rules about the sentences impact of intentionalhomicide death penalty applicableThis article is divided into five parts, about27000characters.The first part is introduction. This section describes the death penalty applies tointentional homicide research background, including the death penalty study abroadintentional homicide, intentional killing of crime legislation and judicial status of thedeath penalty applies, review the crime of intentional homicide death penalty applies.The second part is the empirical analysis of the statutory sentencing and thedeath penalty applies to intentional homicide. This portion of recidivism, the culpritsand accomplices common crime, surrendered three statutory sentencing Perspective,summed up the impact of the statutory sentencing to death for intentional homicideapplicable.The third part of the sentencing discretion given the death penalty applies tointentional homicide and empirical analysis. This section in the causes of crime,victims fault, harmful consequences, damages, and frankly get killed sideunderstanding the perspective of six discretionary sentencing, summed up the impactof discretionary sentencing in manslaughter for the death penalty applies indiscretionary.The fourth part is the empirical analysis of multiple manslaughter and sentencingto death apply. This part of the statistical analysis of the empirical case sentencingsamples and analyze the situation. Meanwhile, graft and intentional homicide deathpenalty applies for special instructions. The fifth part is intentional homicide death Problems and norms applicablerecommendations. This part of the analysis based on empirical research results, thedeath penalty applies to intentional homicide of deficiencies, and to regulate andrestrict intentional homicide death penalty applies suggestions to improve.
Keywords/Search Tags:Intentional homicide, Death penalty, Criminal case, Sentencing
PDF Full Text Request
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