The Study Of Death Penalty Standards In The Case Of Marriage And Love Disputes

In recent years, the criminal cases causing by the marriage and love disputes occupied a large proportion in the field of criminal justice, no matter from the victim’s personal dangerous or the harmful to the society, this type of disputes is different from the serious crime which is endanger to public security. In order to carry out the criminal policy of combining leniency and harshness, the supreme people’s court introduced two judicial explanations in the year 1999 and 2005, requiring in the intentional homicide crime which caused by marriage and love disputes should be given a lesser punishment. Under the guide of explanations, the supreme people’s court issued two intentional homicide crime, which called Fei Li and Zhi-cai Wang intentional homicide crime, as the guiding cases. But in the referee points, the court just put simple lists on it, there’s no arguments presented in full, unable to reflect the logic of the law, no more unified standards applied. When summing up the court cases in the judicial practice, the author found that due to non-standard for the court in the case of marriage and love disputes, different court has different sentence with the same circumstance. The case of marriage and love disputes occupied large proportion in practice, if we can’t establish the relatively uniform standard,there will lead to the suspicion of judicial justice.A certain standard of death penalty is important, but the concept definition of the case of marriage and love disputes have a certain particularity in the criminal law, so the standard is also important. The author thought that we should define the boundary from four aspects. First, the case of dispute include marriage disputes and love disputes. Second, the case of this type is not limited to rural areas. Third, the subject of applying to punishment is limited to the person who causing the dispute. Fourth, the death of the results and marriage disputes shall have direct correlation.According to the regulation of the criminal law in our country, murder is thought to be the most serious charges. As long as one person was killed, the murderer should be penalty to death. But the case of marriage and love disputes is different from other serious cases, the defendant has less viciousness, in a reasonable space, he or she cannot be executed. Considerate the practice of judicial cases, the author thought these factors should be taken into account:(1) if the case caused a serious crime, defendant shall be sentenced to immediate execution;(2) if the defendant confess his or her crime, the death sentence can be suspended, but if the victim’s relatives fight against this, the court should limited the commutation;(3) if the victim has fault or the relatives forgive the defendant, the punishment should be under the death sentences.