Civil Conflict And The Death Penalty Of Intentional Homicide

Supreme People’s Court made it clear in the notification of Summary of Forum on Maintaining Rural Area Stability and Criminal Judicial Work by Courts in the Whole Country that printed in 1999 that we should correctly understand the standards of death penalty that is imposed on intentional murder. Whether death penalty is imposed on intentional murder or not, should depend on whether it directly caused the death of victim, as well as the comprehensive situation of the case. For intentional homicide due to civil conflicts, such as marriage, family, and neighborhood disputes, it must be cautious to impose death penalty. This kind of case is different from other intentional murders that have seriously negative effect on public security in the society. In regard to victim with obvious mistakes or direct liability for conflict, or defendant with extenuating circumstances, generally the criminal should not be imposed on immediate execution. However, Yunnan Li Changkui Rape and Murder Case has caused uproar in the society from death penalty at the first instance to the stay of execution at the second instance. That Yunnan Provincial Higher People’s Court amended the judgment was primarily based on that it must be cautious to impose death penalty on intentional murder case due to civil conflict. After the commute was disclosed, with growing controversy in the society and various kinds of criticizes and doubts, a huge nationwide media storm came into being. Finally, stressful Yunnan Provincial Higher People’s Court had to start retrial procedure, and Li was sentenced to death at last. The present paper will make further discussion on civil conflict, identification of victim mistake, as well as the application of criminal policies that it should be cautious to impose death penalty on intentional murder caused by civil conflict, to provide a useful reference for juridical practice.