Research On The Judicial Restriction Of The Death Penalty Of Robbery

The abolition of the crime of robbery is a gradual process, so the judicial restriction is a stage that must pass through.The judicial restrictions on the death penalty of robbery should follow the principle of legal, the principle of balance and the principle of necessity.Homicide accompanied by robbery is more bad than involuntary manslaughter of robbery.It is obviously unfair and unreasonable to apply the death penalty to the people who have caused the involuntary manslaughter of robbery.If the involuntary manslaughter of robbery and homicide accompanied by robbery of the law in parallel,there will be unfair things happened.This is the behavior that violates the principle of the crime and the penalty. Other aggravating circumstances should not applied to the death penalty.Because they do not conform to the principle of balance and the necessary principles.We should concrete analysis of specific issues in the joint crime.About the discretionary circumstances of sentencing,the current controversy is whether the civil damages and criminal reconciliation can be exempted from the death penalty.We can perfect the law through legislative interpretation and criminal law amendment. We should strictly follow the concept of death penalty,and formulate relevant judicial interpretation,and summary of cases.