Research On Discretionary Circumstances Of Sentencing To Limit The Application Of Death Penalty

Gradual abolition of the death penalty and the restrictions reduce the death penalty has become the trend of the current international community. Despite the abolition of the death penalty is not suitable for our country, but how to limit and reduce the death penalty has been the direction of the theorists and practitioners of criminal justice legislation efforts. The discretionary sentencing is an important way to limit the death penalty applicable to judicial control. From the 62 cases of commuted and unaproved of our province,the discretionary sentencing play an increasingly important role in the judicial control of the death penalty.About 33,000 thousand word article, in addition to the introduction and conclusion, is divided into five parts. The article tries to province 62 cases have discretionary sentencing due to the exclusion of the death penalty applicable analysis, as well as judicial practice of the death penalty sentencing discretion of the concrete application of judicial restraint, hoping to be able to limit the death penalty study discretionary sentencing provide some reference.Part I: Outlining of discretionary sentencing to death of judicial restrictions outlined. Firstly, the concept of discretionary sentencing and vagueness legislation, pointing out that foreign legal form and manner clearly defined differently. Secondly, the relevant judicial documents gradually standardize on discretionary sentencing, combined with judicial documents, the province summary discretionary sentencing specific species. Again, noting discretionary sentencing limit value of the death penalty applies to criminal sentencing judge’s discretionary function of unanimity, to face the same sentencing, according to the same part of criminal law, appear roughly the same verdict.Part II: Death Penalty discretionary sentencing space limitations. Focusing choose from criminal law provisions of the sentencing range, the general provisions of the Criminal Code of the total standard application of death penalty, the establishment of the system and related criminal reprieve as the discretionary sentencing policy to limit the death penalty applies to provide operational space.Part III: The analysis of the province discretionary sentencing restrictions apply death penalty case. First, the province found 62 cases from a single discretionary sentencing has little effect on the death penalty applies, the judge discretion in the process, not because of a single general discretionary sentencing does not apply the death penalty, but in the comprehensive consideration after several episodes before discretionary determination to exclude the death penalty applies. Among them, the civil compensation + understanding, civil conflicts + pleaded guilty to repentance two kinds of discretionary sentencing models on restrictions apply to play a larger role in the death. Second, discretionary sentencing to death restrictions applicable legal instruments exist in practice, does not regulate the expression, the role of different standards, the use of arbitrary, reverse sentencing discretion of the applicable standards and competing hard to grasp and discretionary sentencing common restrictions limit the commutation of the death penalty reprieve applies force reflects the outstanding problems such as insufficient five aspects.Part IV: Common discretionary sentencing restrictions applicable to the specific application of the death penalty. Combined with 62 cases discussed in detail due to civil disputes, victims fault, relatives of victims to obtain compensation and positive understanding of the role of common crimes, such as small four common limiting judicial discretion in sentencing to death the specific application.Part V: Put forward a sound discretionary sentencing recommendation to limit the death penalty applies, mainly from changes in death penalty sentencing put to death for the crime of guidance issued class, typical cases and norms guiding discretionary standards, methods of operation, such as sentencing of five of perfect proposal.