Studies Of Our Country’s Intentional Homicide Death Penalty Sentencing

In recent years, with the progress of our country judicial civilization and theadvocate of international community to abolish death penalty, the attention of thesociety for death penalty in China is progressively accumulated, especially forintentional murder cases resulting in the death penalty. Murder is the main chargesapplied to death penalty in our country, but it arises many problems. On the otherhand, social media and public opinion devoted extensive concern of intentionalmurder cases, often resulted in the over weighted death penalty. Senhao Lin poisoningcase in Fudan University which is caused by civil disputes, shortly after widespreadcovered in the media and public opinion, Senhao Lin was sentenced to death withimmediate execution in the first-instance judgment and rejected the appeal and upholdin the second-instance judgment. But after the first-instance was completed, socialpublic opinion to the judgment results diversed. In one opinion, the death penalty withimmediate execution was considered as over-weighted. In another opinion, thepenalty was considered as proper. For the cases of death penalty, especially theindirect intentional murder, is the death penalty the only choice to achieve justice?Dose the confession and repentance of Senhao Lin merit relieving of sentencing?Does public opinion influence the judgment? Focusing on the relevant laws andregulations about the murder and successive capital punishment in China nowadays, Idiscussed the problems related to this case, involving a series of sentencing tointentional murder, in order to put forward to the optimization of the death penaltysentencing in China.This thesis was consisted of four parts. The first part was introduction,introducing the case of the selected topic background and significance, research statusat home and abroad, research methods and innovation. Concluded the researchsituation at home and abroad briefly to intentional homicide death penalty sentencing,for the analysis in the below the stage. The second part was the content of the casereview, expounded the focus of disputes in the prosecuting and defending partiesabout the Senhao Lin case after introduced the basic case and the verdict. That was, Senhao Lin indirect intentional homicide or direct intentional murder? WhetherSenhao Lin confession and repentance attitude influence sentencing? Could civildisputes be used as the basis for this case to reduce sentencing? Was social publicopinion on the sentencing influential to the case? The third part was the content of thelegal dispute focal point to the case analysis and divided into four sections, eachsection respectively, focus on the problems involved in the legal theory analysis. Thefirst section was the case should be classified as indirect intentional murder; Thesecond section was the defendant pleaded guilty and penitent sentencing cuts analysis;The third section was a civil disputes caused by the death penalty sentencing the casesanalysis; The fourth section was the influence of social public opinion to the judgesentencing. The content of the fourth part aimed at proposing the correspondingsuggestion to the intentional homicide death penalty sentencing. This was divided intofour sections, the first section was criminal legislation perfect to the death penaltysentencing of intentional killing crime; The second section was to increase the marginof cutting death penalty sentencing to the defendant confession and repentance; Thethird section was to developing applicable standards in the cases of caused by folkcontradiction of sentencing; The fourth section was to balancing justice and publicopinions.