Font Size: a A A

Theory Of "Discretionary Sentencing Plot" In The Violent For In Death Penalty Cases

Posted on:2016-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:X E ZhuFull Text:PDF
GTID:2296330482970579Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, as state control over the immediate execution of a death sentence is more and more strict, fewer and fewer number of death penalty, a large number of economic kind of nonviolent crime death penalty has been cancelled, serious violent criminal sentenced to death than high. Death penalty, on the premise of clear facts, evidence really, fully and strictly stick to the evidence on the basis of the referee, consider the legal interests of crime violations must be serious, violent and harmful to the society in sentencing, when considering whether to apply the death penalty to the defendant, in addition to the statutory sentencing plot, discretionary sentencing plot plays a very important role, in control, and sentenced to death penalty rate or death to discretionary sentencing plot in some specific cases are a large number of applications, in order to reach the purpose of controlling death penalty, therefore, we should pay attention to the study of the discretionary sentencing plot of the death penalty. At present, the discretionary sentencing plot although there are clearly defined in the law, but specific and clear enough, the principle of relevant legal provisions, the concept is relatively general and vague, and discretionary sentencing plot is not cause enough attention in theory, makes the discretionary sentencing plot in practice, there are many imperfect, applicable optional the gender is big, discretionary inflation. Based on discretionary sentencing plot and in-depth analysis of the existing controversial issues, combining with the relevant legal provisions in recent years, in the criminal law amendment for the modification and improvement of proposed to be repeatedly used in practice and accepted by the public part of discretionary sentencing plot to legalize, such as civil compensation made the victim after understanding the plot can be prescribed for the statutory sentencing plot, etc, Also suggested that in the practice of the death penalty, increase the alternative measures and the death penalty with suspension of death penalty execution and limit the application of the commutation, and restrict the judge discretion, make discretionary sentencing plot can play a better balance in sentencing punishment, and be able to make discretionary sentencing circumstances and statutory sentencing circumstances are enough attention, really achieve the ultimate goal of controlling death penalty.
Keywords/Search Tags:Death Penalty, Violence Form Crime, Discretionary sentencing plot, The death penalty for Application
PDF Full Text Request
Related items