Legislation To Limit The Death Penalty For Intentional Homicide

Death is the most severe punishment by depriving a person’s life way to punish criminals. The death penalty is has been much of a concern in our theory and in our practice. Intentional homicide as most of the death penalty for a crime, their research will have a profound impact on solving the issue of the death penalty in China. Present we do not yet have the condition that completely abolish the death penalty, such as public opinion, the security situation and the political environment. Fair value and utilitarian value oriented penalty, taking into account the humanitarian values of punishment, for the most applicable death penalty of intentional homicide limit the application of the death penalty, is wise to conform to China’s national conditions. Problems of criminal law provisions of intentional homicide, causing intentional homicide death penalty is too large. In contrast to other national legislation intentional homicide, there are many places worth learning. We should limit the death penalty for intentional homicide from the legislation, based on intentional homicide provisions of the existing problems and learn from other countries.This paper is divided into four parts. The first part mainly explored ideas on the death penalty for intentional homicide. The second part analyzes the specific problems of intentional homicide in the legislative provisions setting and the resulting defects. The third part examines the major countries retain the death penalty in the legislative provisions concerning intentional homicide. The fourth part is mainly made through the improvement of intentional homicide of legislative provisions to implement restrictions on intentional homicide death penalty.