Research On The Restricting Factors Of The Application Of Death Penalty To Intentional Homicide

Intentional death penalty is undoubtedly applied most in the crimes, but legislation concerning intentional homicide of criminal law is not perfect. Legislation in intentional homicide is simple; legal punishment range is too large; guilt and punishment does not match; penalty inversion; messy legislative mode and other issues affecting the manslaughter death penalty applies. Therefore, in the legislation, intentional homicide counts settings should be set into third gear and legal punishment from light to heavy correspondence; mode should be used in the legislative detailed style, the use of the terms listed plus eveal all manner of manslaughter perfect, while strengthening the rights of the accused of manslaughter relief, specifically General of the death penalty applicable standards.In our judicial practice, there are many death penalty cases for intentional homicide, which is not in line with our criminal policy. The reason is that the judge is susceptible to public opinion at the time of the death penalty, resulting in a large arbitrariness of the death penalty applies. It can not help maintain the unity of the legal art of the judge, and judicial corruption still exists in some places, which led to the independence of the judiciary is disturbed. Some public officials abuse power, failure to abide by the authority of law violation seriously damaged the rule of law. Therefore, we should improve the professionalism of judges; preclude judicial administrative intervention, maintain the independence of the judiciary; and get rid of "focus on the entity and neglect the procedure" concept.The public has a negative impact on intentional homicide death penalty. The reason of non-rational public opinion arising from the people long-term form of severe penalty doctrine concept; shortchanging retribution psychology; public opinion of their own subjectivity and instability. In addition, values of collectivism is an important factor generated of the long-form non-rational public opinion. To address the negative impact of these irrational public. Opinion on the death penalty, applicable to intentional homicide, we must establish a correct outlook penalty, death concept, concept of public opinion and human rights concept.